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

continued    Part 1 continued    

(a)section 217A;

(b)section 293A;

(c)paragraphs 10(5)(ba) and 11(2)(ba) of Schedule 10;

(d)paragraph 13(1)(da) of Schedule 16.

5A description specified under subsection (1)(a) may, among other
things, be framed by reference to—

(a)the courts by which the orders are made (for example, courts
sitting in particular places or areas);

(b)the persons who are subject to the orders (for example,
10persons of a particular sex);

(c)the offences to which the orders relate.

(4)Where regulations under subsection (1)(a) specify a description of
community or suspended sentence order for the first time, they must
under subsection (1)(b) specify, in relation to that description of
15order, a period of 18 months beginning with the day on which the
regulations come into force.

(5)Regulations under this section—

(a)are to be made by the Secretary of State, and

(b)are subject to the negative resolution procedure.”

20Review of community orders

3(1)Section 211 (power of Crown Court to direct magistrates’ court supervision)
is amended as follows.

(2)The existing provision becomes subsection (1).

(3)After that subsection insert—

“(2)25Subsection (1) does not apply to a community order that qualifies for
special procedures for the purposes of section 217A.”

4In section 217 (power to provide for court review of community orders),
after subsection (2) insert—

“(2A)Regulations under this section may not make provision in respect of
30community orders which for the purposes of section 217A qualify for
special procedures.”

5After section 217 insert—

“217A Review of community order qualifying for special procedures

(1)A community order that—

(a)35imposes one or more community order requirements, and

(b)qualifies for special procedures for the purposes of this
section,

may make provision for the order to be reviewed periodically
(“provision for review”).

(2)40Where a community order contains provision for review under this
section, it must—

(a)specify the intervals at which the order is to be reviewed,

(b)provide for each review to be made, subject to section 217B,
at a hearing held for the purpose by the responsible court (a
“review hearing”),

(c)require the offender to attend each review hearing, and

(d)5provide for a report by an officer of a provider of probation
services on the offender’s progress in complying with the
community order requirements of the order (a “progress
report”) to be made to the responsible court before each
review.

(3)10In this section “the responsible court”, in relation to a community
order, means the court by which the order is made.

(4)For more about community orders that qualify for special
procedures, see section 395A.

217B Powers on review

(1)15This section applies where a review hearing is held on a review of a
community order by virtue of section 217A.

(2)The court may, after considering the progress report, amend—

(a)the community order requirements of the order, or

(b)any provision of the order which relates to those
20requirements.

(3)But the court—

(a)may not amend the community order requirements of the
order so as to impose a requirement of a different kind unless
the offender expresses willingness to comply with that
25requirement,

(b)may not amend—

(i)a mental health treatment requirement,

(ii)a drug rehabilitation requirement, or

(iii)an alcohol treatment requirement,

30unless the offender expresses willingness to comply with the
requirement as amended, and

(c)except with the consent of the offender, may not amend the
order while an appeal against the order is pending.

(4)For the purposes of subsection (3)(a)—

(a)35a community order requirement of a kind within any entry in
the table in section 201 is of the same kind as any other
community requirement within that entry, and

(b)an electronic compliance monitoring requirement is a
requirement of the same kind as any requirement within that
40table to which it relates.

(5)If the court is of the opinion that the offender has without reasonable
excuse breached a community order requirement of the order, the
court may adjourn the hearing so that the court can deal with the case
forthwith under paragraph 10 or 11 of Schedule 10 (powers of court
45to deal with offender on breach of requirement).

(6)For some powers available where the court is of the opinion referred
to in subsection (5) but does not deal with the case forthwith, see
paragraph 9A of Schedule 10.

(7)In this section—

• 5“review hearing”, and

• “progress report”,

have the same meanings as in section 217A.

217C Alteration of review arrangements

(1)Subsections (2) and (3) apply where a court—

(a)10considers the progress report relating to a review under
section 217A (the “current review”), and

(b)forms the opinion that the offender’s progress in complying
with the community order requirements of the community
order is satisfactory.

(2)15If the court forms that opinion before a review hearing is held at the
current review—

(a)it may order that no review hearing is to be held at the current
review, and

(b)it may amend the community order so as to provide for each
20subsequent review to be held without a review hearing.

(3)If a review hearing is held at the current review, the court may at the
hearing amend the community order so as to provide for each
subsequent review to be held without a review hearing.

(4)If at a review held without a review hearing the court—

(a)25considers the progress report, and

(b)forms the opinion that the offender’s progress under the
order is no longer satisfactory,

it may require the offender to attend a hearing of the court at a
specified time and place.

(5)30At a review hearing the court may amend the community order so as
to vary the intervals specified under section 217A(2)(a).

(6)The functions of a court under this section that are exercisable in
relation to a review without a hearing are to be exercised—

(a)where the court is the Crown Court, by a judge of the court,
35and

(b)where the court is a magistrates’ court, by a justice of the
peace.

(7)In this section—

• “review hearing”, and

• 40“progress report”,

have the same meanings as in section 217A.”

Review of suspended sentence orders

6In section 293 (review of suspended sentence orders), at the end insert—

“(7)Nothing in this section applies in relation to suspended sentence
orders which qualify for special procedures for the purposes of
5section 293A.”

7After section 293 insert—

“293A Review of suspended sentence order qualifying for special
procedures

(1)A suspended sentence order that—

(a)10imposes one or more community requirements, and

(b)qualifies for special procedures for the purposes of this
section,

may make provision for the order to be reviewed periodically
(“provision for review”).

(2)15Where a suspended sentence order contains provision for review
under this section, it must—

(a)specify the intervals at which the order is to be reviewed,

(b)provide for each review to be made, subject to section 294, at
a hearing held for the purpose by the responsible court (a
20“review hearing”),

(c)require the offender to attend each review hearing, and

(d)provide for a report by an officer of a provider of probation
services on the offender’s progress in complying with the
community requirements of the order (a “progress report”) to
25be made to the responsible court before each review.

(3)In this section “the responsible court”, in relation to a suspended
sentence order, means the court by which the order is made.

(4)For more about suspended sentence orders that qualify for special
procedures, see section 395A.”

8(1)30Section 294 (review hearings) is amended as follows.

(2)In subsection (1), after “293” insert “or 293A”.

(3)In subsection (5), after “the case” insert “forthwith”.

(4)After subsection (5) insert—

“(5A)For some powers available where the court is of the opinion referred
35to in subsection (5) but does not deal with the case forthwith, see
paragraph 9A of Schedule 16.”

(5)In subsection (6), after “293(2)” insert “(or, as the case may be, section
293A(2))”.

9(1)Section 295 (alteration of review arrangements) is amended as follows.

(2)40In subsection (1), after “a review” insert “under section 293 or 293A”.

(3)In subsection (5), after “293(2)(a)” insert “or 293A(2)(a)”.

(4)In subsection (7), after “293(2)” insert “(or, as the case may be, section
293A(2))”.

10(1)Section 297 (power to direct magistrates’ court supervision) is amended as
follows.

(2)5The existing provision becomes subsection (1).

(3)After that subsection insert—

“(2)Subsection (1) does not apply to a suspended sentence order that
qualifies for special procedures for the purposes of section 293A.”

Review of drug rehabilitation requirements

1110In Schedule 9 (community orders and suspended sentence orders:
community requirements), in paragraph 21 (review of drug rehabilitation
requirements), at the end insert—

 “(7) Nothing in this paragraph or paragraph 22 applies in relation to—

(a)a community order that qualifies for special procedures for
15the purposes of section 217A, or

(b)a suspended sentence order that qualifies for special
procedures for the purposes of section 293A.”

Breach of community order: power to commit to custody

12(1)Schedule 10 (breach etc of community order) is amended as follows.

(2)20In paragraph 1 (interpretation), in the definition of “appropriate court” in
sub-paragraph (1)—

(a)after paragraph (a) insert—

“(aa)if the community order qualifies for special
procedures for the purposes of section 217A, the
25court that made the order;”;

(b)in paragraph (b), after the second “order” insert “and does not fall
within paragraph (aa)”.

(3)In paragraph 8 (issue of summons or warrant by justice of the peace), in sub-
paragraph (3)—

(a)30in paragraph (a), omit the final “or”;

(b)after paragraph (a) insert—

“(aa)in the case of a community order that qualifies for
special procedures for the purposes of section
217A, before the court that made the order, or”.

(4)35After paragraph 9 insert—

“Issue of summons or warrant after review hearing

9A(1)This paragraph applies where—

(a)a community order is in force,

(b)on a review hearing under section 217B a magistrates’
40court or the Crown Court (“the court”) is of the opinion
that the offender has without reasonable excuse breached
a community order requirement of the order, and

(c)the court does not deal with the case forthwith by virtue of
section 217B(5).

(2)The court may at any time—

(a)issue a summons requiring the offender to appear at the
5place and time specified in it, or

(b)issue a warrant for the offender’s arrest.

(3)A summons or warrant issued under this paragraph must direct
the offender to appear or be brought before the court which issued
it.

(4)10Where—

(a)a summons is issued under this paragraph, and

(b)the offender does not appear in answer to the summons,

the court may issue a warrant for the arrest of the offender.”

(5)In paragraph 10—

(a)15in sub-paragraph (1), after “paragraph 8” insert “or 9A or by virtue
of section 217B(5)”;

(b)in sub-paragraph (5), after paragraph (b) insert—

“(ba)if the community order qualifies for special
procedures for the purposes of this paragraph, by
20ordering the offender to be committed to prison for
such period not exceeding 28 days as the court
considers appropriate (but see also paragraph
13A);”.

(6)In paragraph 11—

(a)25in sub-paragraph (1)(a)—

(i)after “paragraph 9” insert “or 9A”;

(ii)after “10(3)” insert “or section 217B(5)”;

(b)in sub-paragraph (2), after paragraph (b) insert—

“(ba)if the community order qualifies for special
30procedures for the purposes of this paragraph, by
ordering the offender to be committed to prison for
such period not exceeding 28 days as the court
considers appropriate (but see also paragraph
13A);”.

(7)35After paragraph 13 insert—

“Power under paragraphs 10 and 11 to commit to prison: further provision

13A(1)In the case of a person under the age of 21—

(a)an order under paragraph 10(5)(ba) or 11(2)(ba) must be
for committal to a young offender institution instead of to
40prison, but

(b)the Secretary of State may from time to time direct that a
person committed to a young offender institution by such
an order is to be detained in a prison or remand centre
instead.

(2)A person committed to prison or a young offender institution by
an order under paragraph 10(5)(ba) or 11(2)(ba) is to be regarded
as being in legal custody.

(3)No more than three orders under paragraph 10(5)(ba) or 11(2)(ba)
5may be made in relation to the same community order.”

(8)In paragraph 14 (revocation etc of community order subject to magistrates’
court supervision), in sub-paragraph (2)—

(a)in paragraph (a), omit the final “and”;

(b)after paragraph (a) insert—

“(aa)10if the community order qualifies for special
procedures for the purposes of section 217A, the
court that made the order, and”.

Breach of suspended sentence order: power to commit to custody

13(1)Schedule 16 (breach etc of suspended sentence order) is amended as follows.

(2)15In paragraph 4—

(a)in sub-paragraph (1)(a), after “293(1)” insert “or 293A(1)”;

(b)in sub-paragraph (2)(a), after “293(4)” insert “or 293A(3)”.

(3)After paragraph 9 insert—

“Issue of summons or warrant after review hearing in special procedure cases

9A(1)20This paragraph applies where—

(a)a suspended sentence order is subject to review in
accordance with section 293A(1),

(b)on a review hearing under section 294(5) a magistrates’
court or the Crown Court (“the court”) is of the opinion
25that the offender has without reasonable excuse breached
a community requirement of the order, and

(c)the court does not deal with the case forthwith under
section 294(5).

(2)The court may at any time—

(a)30issue a summons requiring the offender to appear at the
place and time specified in it, or

(b)issue a warrant for the offender’s arrest.

(3)A summons or warrant issued under this paragraph must direct
the offender to appear or be brought before the court which issued
35it.

(4)Where—

(a)a summons is issued under this paragraph, and

(b)the offender does not appear in answer to the summons,

the court may issue a warrant for the arrest of the offender.”

(4)40In paragraph 10, in sub-paragraph (1)(a)(i), after “8” insert “or 9A”.

(5)In paragraph 12, in sub-paragraph (2)(a)(i), after “9” insert “or 9A”.

(6)In paragraph 13, in sub-paragraph (1), after paragraph (d) insert—

“(da)in a case where the suspended sentence order qualifies for
special procedures for the purposes of this paragraph, the
court is dealing with the case by virtue of paragraph 10 or
512(2) and the offender is aged 18 or over, the court may
order the offender to be committed to prison for such
period not exceeding 28 days as the court considers
appropriate (but see also paragraph 13A);”.

(7)In paragraph 14 (duty to make activation order where not unjust), in sub-
10paragraph (2)—

(a)in paragraph (a), omit the final “and”;

(b)after paragraph (b) insert “, and

(c)in a case where the suspended sentence order
qualifies for special procedures for the purposes of
15paragraph 13(1)(da), the court is dealing with the
case by virtue of paragraph 10 or 12(2) and the
offender is aged 18 or over, the possibility of
making an order under paragraph 13(1)(da).”

(8)After paragraph 16 insert—

20“Power under paragraph 13(1)(da) to commit to prison: further provision

16A(1)In the case of an offender under the age of 21—

(a)an order under paragraph 13(1)(da) must be for committal
to a young offender institution instead of to prison, but

(b)the Secretary of State may from time to time direct that a
25person committed to a young offender institution by such
an order is to be detained in a prison or remand centre
instead.

(2)A person committed to prison or a young offender institution by
an order under paragraph 13(1)(da) is to be regarded as being in
30legal custody.

(3)No more than three orders under paragraph 13(1)(da) may be
made in relation to the same suspended sentence order.”

Part 2 Prospective amendments

35Prospective amendments relating to abolition of detention in a young offender institution

14(1)Schedule 22 of the Sentencing Act 2020 (prospective amendments) is
amended as follows.

(2)In paragraph 21 (powers to imprison for breach of community order)—

(a)in sub-paragraph (2)(a), in the inserted paragraph (d), after sub-
40paragraph (i) insert—

“(ia)the order does not qualify for special
procedures for the purposes of paragraph
(ba);”;

(b)in sub-paragraph (3)(a), in the inserted paragraph (d), before sub-

paragraph (i) insert—

“(ai)the community order does not qualify for
special procedures for the purposes of
paragraph (ba),”.

(3)5After paragraph 75 insert—

“75AIn paragraph 13A of Schedule 10 (detention following breach of
community order)—

(a)omit sub-paragraph (1);

(b)in sub-paragraph (2), omit “or a young offender
10institution”.”

(4)After paragraph 78 insert—

“78AIn paragraph 16A of Schedule 16 (detention following breach of
suspended sentence order)—

(a)omit sub-paragraph (1);

(b)15in sub-paragraph (2), omit “or a young offender
institution”.”

Section 130

Schedule 14 Community and suspended sentence orders: drug testing requirement

1The Sentencing Code is amended as follows.

220In section 201 (community order: community order requirements table),
after the entry in the table relating to the drug rehabilitation requirement,
insert—

3In section 207 (community order: availability of particular requirements),
25after subsection (3) insert—

“Drug testing requirement

(3A)A drug testing requirement is not an available requirement if the
offender was convicted of the offence before the day on which
section 130 of the Police, Crime, Sentencing and Courts Act 2021
30came into force.”

4In section 287 (suspended sentence order: community requirements table),
after the entry in the table relating to the drug rehabilitation requirement,
insert—

535In section 291 (suspended sentence order: availability of particular
requirements), after subsection (3) insert—

“Drug testing requirement

(3A)A drug testing requirement is not an available requirement if the
offender was convicted of the offence before the day on which
section 130 of the Police, Crime, Sentencing and Courts Act 2021
came into force.”

65In Schedule 9 (community orders and suspended sentence orders:
requirements), after Part 10 insert—

“Part 10A Drug testing requirement

Requirement

22A(1)10In this Code, “drug testing requirement”, in relation to a relevant
order, means a requirement that during a period specified in the
order, the offender must, for the purpose of ascertaining whether
there is any drug or psychoactive substance in the offender’s body
during that period, provide samples in accordance with directions
15given by the responsible officer.

(2)The order—

(a)must provide that if the offender provides samples to a
person other than the responsible officer, the results of the
tests carried out on the samples are to be communicated to
20the responsible officer;

(b)may make provision about the provision of samples by
virtue of sub-paragraph (1).

(3)The power of the responsible officer to give directions by virtue of
sub-paragraph (1) about the provision of samples—

(a)25is a power to give directions as to—

(i)the type of samples to be provided, and

(ii)the times at which, or circumstances in which, they
are to be provided,

(b)is subject to any provision made by the order, and

(c)30is to be exercised in accordance with guidance issued by
the Secretary of State.

(4)The Secretary of State may revise any guidance issued under sub-
paragraph (3)(c).

(5)In this paragraph and paragraph 22B—

• 35 “drug” means a controlled drug as defined by section 2 of the
  Misuse of Drugs Act 1971;

• “psychoactive substance” has the meaning given by section
  2(1) of the Psychoactive Substances Act 2016.

Restrictions on imposing drug testing requirement

22B(1)40A court may not impose a drug testing requirement unless the
following conditions are met—

(a)the misuse condition, and

(b)the availability of arrangements condition.