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

continued    “Part 10A continued    

(2)The misuse condition is that the court is satisfied that the
offender’s misuse of a drug or psychoactive substance—

(a)caused or contributed to the offence to which the order
relates or an associated offence, or

(b)5is likely to cause or contribute to the commission of further
offences by the offender.

(3)The availability of arrangements condition is that the court has
been notified by the Secretary of State that arrangements for
implementing drug testing requirements are available in the
10offender’s home local justice area (and the notice has not been
withdrawn).”

Section 135

Schedule 15 Detention and training orders: time to count as served

Part 1 15Detention and training orders made under Sentencing Code

Criminal Justice Act 2003 (c. 44)

1The Criminal Justice Act 2003 is amended as follows.

2(1)Section 240ZA (time remanded in custody to count as time served: terms of
imprisonment and detention) is amended as follows.

(2)20In the heading, for “and detention” substitute “or detention and detention
and training orders”.

(3)After subsection (1) insert—

“(1A)This section also applies where—

(a)a court, on or after the day on which Schedule 15 to the Police,
25Crime, Sentencing and Courts Act 2021 came into force,
makes a detention and training order in respect of an
offender for an offence, and

(b)the offender concerned has been remanded in custody in
connection with the offence or a related offence.

(1B)30In this section any reference to a “sentence”, in relation to an
offender, is to—

(a)a term of imprisonment being served by the offender as
mentioned in subsection (1)(a), or

(b)a detention and training order made in respect of the offender
35as mentioned in subsection (1A)(a).”

(4)In subsection (2), for “that purpose” substitute “the purposes of subsection
(1)(b) or (1A)(b)”.

(5)For subsection (9) substitute—

“(8A)Subsection (9) applies in relation to an offender who is sentenced to
two or more consecutive sentences or sentences which are wholly or
partly concurrent if—

(a)5the sentences were imposed on the same occasion, or

(b)where they were imposed on different occasions, the
offender has not been released during the period beginning
with the first and ending with the last of those occasions.

(9)For the purposes of subsections (3) and (5), the sentences are to be
10treated as a single sentence.”

3(1)Section 240A (time remanded on bail to count towards time served: terms of
imprisonment and detention) is amended as follows.

(2)In the heading, for “and detention” substitute “or detention and detention
and training orders”.

(3)15After subsection (3ZA) insert—

“(3ZAA)Subsection (3ZB) also applies where—

(a)a court, on or after the day on which Schedule 15 to the Police,
Crime, Sentencing and Courts Act 2021 came into force,
makes a detention and training order in respect of an
20offender for an offence, and

(b)the court has made a declaration under section 325 of the
Sentencing Code specifying a credit period in relation to the
order.

(3ZAB)In this section any reference to a “sentence”, in relation to an
25offender, is to—

(a)a term of imprisonment being served by the offender as
mentioned in subsection (3ZA)(a), or

(b)a detention and training order made in respect of the offender
as mentioned in subsection (3ZAA)(a).”

(4)30In subsection (9)(b), omit the words from “and, in paragraph (b)” to the end.

4In section 242 (interpretation), at the end insert—

“(3)In sections 240ZA and 240A, “detention and training order” has the
meaning given by section 233 of the Sentencing Code.”

Sentencing Act 2020 (c. 17)

535The Sentencing Act 2020 is amended as follows.

6Omit sections 239 and 240 (effect on term of detention and training order of
period on remand etc).

7In section 244 (offender subject concurrently to detention and training order
and sentence of detention in a young offender institution), in subsection
40(2)(c), at the beginning insert “with the exception of sections 240ZA and
240A,”.

8In section 245 (offender subject concurrently to detention and training order
and other sentence of detention), in subsection (2)(c), at the beginning insert
“with the exception of sections 240ZA and 240A,”.

9In section 325 (time on bail under certain conditions: declaration by court),
5in subsection (5)—

(a)omit the “or” at the end of paragraph (b);

(b)at the end of paragraph (c) insert “, or

(d)makes a detention and training order.”

10In section 327 (period in custody awaiting extradition: declaration by court),
10in subsection (2)—

(a)omit the “or” at the end of paragraph (b);

(b)at the end of paragraph (c) insert “, or

(d)a detention and training order.”

In Schedule 27 (transitional provision), omit paragraph 14 (and the italic
15heading above it).

Other enactments

12In Schedule 2 to the Criminal Appeal Act 1968 (procedural and other
provisions applicable on order for retrial), in paragraph 2(4), for “and
detention” substitute “or detention and detention and training orders”.

1320In Schedule 7 to the International Criminal Court Act 2001 (domestic
provisions not applicable to ICC prisoners), in paragraph 2(1)(d), for “and
detention” substitute “or detention and detention and training orders”.

Part 2 Detention and training orders made under Armed Forces Act 2006

1425The Armed Forces Act 2006 is amended as follows.

15In section 213 (application of provisions relating to civilian detention and
training orders)—

(a)in subsection (2)(a), for “sections 237 to 240” substitute “sections 237
and 238”;

(b)30omit subsection (3).

16After section 213 insert—

“213A Period in service custody: effect on term of detention and training
order

(1)Subsection (2) applies where—

(a)35the Court Martial or the Service Civilian Court proposes to
make an order under section 211 in respect of an offence, and

(b)the offender has been kept in service custody in connection
with the offence or any other offence the charge for which
was founded on the same facts or evidence.

(2)40In determining the term of the order under section 211, the court
must take account of the period for which the offender was kept in
service custody.

(3)If the court proposes to make two or more orders under section 211
in respect of two or more offences—

(a)subsection (2) does not apply, but

(b)in determining the total term of those orders, the court must
5take account of the total period for which the offender has
been kept in service custody in connection with—

(i)any of those offences, or

(ii)any other offence the charge for which was founded
on the same facts or evidence.

(4)10A period of service custody may be taken account of under this
section only once.

213B Period of custody awaiting extradition: effect on term of detention
and training order

(1)This section applies where—

(a)15the Court Martial or the Service Civilian Court proposes to
make an order under section 211 in respect of an offence,

(b)the offender was tried for the offence, or is to be sentenced—

(i)after having been extradited to the United Kingdom,
and

(ii)20without having first been restored or had an
opportunity of leaving the United Kingdom, and

(c)the offender was kept in custody for any period while
awaiting extradition to the United Kingdom.

(2)The court must—

(a)25specify in open court the number of days for which the
offender was kept in custody while awaiting extradition, and

(b)take account of those days in determining the term of the
order.”

Section 136

Schedule 16 30Youth rehabilitation orders

Part 1 Electronic monitoring: general requirements

1In Part 17 of Schedule 6 to the Sentencing Code (electronic monitoring
requirement) after paragraph 43 insert—

35“Electronic monitoring: general

43AWhere a youth rehabilitation order made on or after the day on
which paragraph 1 of Schedule 16 to the Police, Crime, Sentencing
and Courts Act 2021 came into force imposes an electronic
monitoring requirement, the offender must (in particular)—

(a)40submit, 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
installed for the purposes of the monitoring,

(b)5not 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
keeping in working order any apparatus fitted or installed
10for the purposes of the monitoring.”

Part 2 Electronic whereabouts monitoring requirements

Criminal Justice and Immigration Act 2008 (c. 4)

2(1)Section 39 of the Criminal Justice and Immigration Act 2008 (youth default
15orders) is amended as follows.

(2)In subsection (4)(a), for “electronic monitoring requirement” substitute
“electronic compliance monitoring requirement”.

(3)In subsection (6)—

(a)in paragraph (a), after “198(3) to (5),” insert “198A,”,

(b)20in paragraph (b), for “, 7 and 17” substitute “and 7”, and

(c)after that paragraph insert—

“(ba)Part 17 of that Schedule (electronic monitoring
requirements), so far as it applies to electronic
compliance monitoring requirements,”.

25Sentencing Code

3The Sentencing Code is amended as follows.

4(1)Section 174 (youth rehabilitation requirements table) is amended as follows.

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

(3)In that subsection, in the table—

(a)30in the entry relating to electronic monitoring requirements, for
“electronic monitoring requirement” substitute “electronic
compliance monitoring requirement”, and

(b)after that entry insert—

(4)After that subsection insert—

“(2)See section 198A for provision about an electronic monitoring
requirement imposed by a youth rehabilitation order made in
respect of an offence of which the offender was convicted before the
40day on which paragraph 4 of Schedule 16 to the Police, Crime,

Sentencing and Courts Act 2021 first came into force to any extent
(ignoring, for these purposes, the coming into force of Part 2 of that
Schedule for the purposes of making regulations).”

5In section 175(1)(c) (meaning of youth rehabilitation order with intensive
5supervision and surveillance), for “electronic monitoring requirement”
substitute “electronic compliance monitoring requirement”.

6(1)Section 185 (youth rehabilitation order: availability of particular
requirements) is amended as follows.

(2)In the italic heading before subsection (4), for “requirement” substitute
10“requirements”.

(3)In subsection (4), for “electronic monitoring requirement” substitute
“electronic compliance monitoring requirement”.

(4)After subsection (4) insert—

“(5)An electronic whereabouts monitoring requirement is not available
15for a youth rehabilitation order in respect of an offence unless the
offender was convicted of the offence on or after the day on which
paragraph 6 of Schedule 16 to the Police, Crime, Sentencing and
Courts Act 2021 first came into force to any extent (ignoring, for these
purposes, the coming into force of Part 2 of that Schedule for the
20purposes of making regulations).”

7In section 190 (provision of copies of youth rehabilitation order and related
documents), in the table in subsection (3)—

(a)in the entry relating to an electronic monitoring requirement, in the
first column, for “An electronic monitoring requirement” substitute
25“An electronic compliance monitoring requirement”, and

(b)after that entry insert—

8After section 198 insert—

“198A 35 Electronic monitoring requirement previously imposed

(1)This section applies where an electronic monitoring requirement
was imposed by a youth rehabilitation order in respect of an offence
of which the offender was convicted before the day on which
paragraph 4 of Schedule 16 to the Police, Crime, Sentencing and
40Courts Act 2021 first came into force to any extent (ignoring, for these
purposes, the coming into force of Part 2 of that Schedule for the
purposes of making regulations).

(2)In this section “electronic monitoring requirement” has the meaning
given by paragraph 41 of Schedule 6 as it had effect before the day
mentioned in subsection (1).

(3)The electronic monitoring requirement is not affected by the
5renaming of electronic monitoring requirements as electronic
compliance monitoring requirements by that Act.

(4)This Chapter applies in relation to the youth rehabilitation order as
if any reference to an electronic compliance monitoring requirement
were to an electronic monitoring requirement.”

910In section 395 (data from electronic monitoring: code of practice), after
“electronic monitoring of offenders under” insert “—

(a)electronic compliance monitoring requirements and
electronic whereabouts monitoring requirements imposed
by youth rehabilitation orders, and

(b)15”.

10In paragraph 19(3) of Schedule 6 (requirements where court imposes curfew
requirement), for “electronic monitoring requirement” substitute “electronic
compliance monitoring requirement”.

11In paragraph 21 of Schedule 6 (requirements where court imposes exclusion
20requirement), for “electronic monitoring requirement” substitute “electronic
compliance monitoring requirement”.

12(1)Part 17 of Schedule 6 (electronic monitoring) is amended as follows.

(2)In the Part heading, omit “requirement”.

(3)For the italic heading before paragraph 41 substitute “Electronic compliance
25monitoring requirement”.

(4)In paragraph 41, for “electronic monitoring requirement” substitute
“electronic compliance monitoring requirement”.

(5)In the italic heading before paragraph 42, at the end insert “: electronic
compliance monitoring requirement”.

(6)30In paragraph 42(1), for “electronic monitoring requirement” substitute
“electronic compliance monitoring requirement”.

(7)In the italic heading before paragraph 43, at the end insert “: electronic
compliance monitoring requirement”.

(8)In paragraph 43(1), for “electronic monitoring requirement” substitute
35“electronic compliance monitoring requirement”.

(9)In the italic heading before paragraph 43A (inserted by Part 1 of this
Schedule), for “Electronic monitoring” substitute “Electronic compliance
monitoring requirement”.

(10)In paragraph 43A(1), for “electronic monitoring requirement” substitute
40“electronic compliance monitoring requirement”.

(11)For the italic heading before paragraph 44 substitute “Restrictions on
imposing electronic compliance monitoring requirement”.

(12)In paragraph 44—

(a)in sub-paragraph (1)(a), for “electronic monitoring requirement”
substitute “electronic compliance monitoring requirement”, and

(b)in sub-paragraph (2), in the opening words, for “electronic
monitoring requirement” substitute “electronic compliance
5monitoring requirement”.

(13)After paragraph 44 insert—

“Electronic whereabouts monitoring requirement

45In this Code “electronic whereabouts monitoring requirement”, in
relation to a youth rehabilitation order, means a requirement to
10submit to electronic monitoring of the offender’s whereabouts
(otherwise than for the purpose of monitoring the offender’s
compliance with any other requirement included in the order)
during a period specified in the order.

Person responsible for electronic monitoring: electronic whereabouts monitoring
15order

46(1)A youth rehabilitation order which imposes an electronic
whereabouts monitoring requirement must include provision for
making a person responsible for the monitoring.

(2)The person who is made responsible for the monitoring must be of
20a description specified in regulations made by the Secretary of
State.

Electronic whereabouts monitoring requirement: general

47Where a youth rehabilitation order imposes an electronic
whereabouts monitoring requirement, the offender must (in
25particular)—

(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
apparatus, and

(ii)30inspection 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)take any steps required by the responsible officer, or the
35person responsible for the monitoring, for the purpose of
keeping in working order any apparatus fitted or installed
for the purposes of the monitoring.

Restrictions on imposing electronic whereabouts monitoring requirement

48(1)Where—

(a)40it is proposed to include an electronic whereabouts
monitoring requirement in a youth rehabilitation order,
but

(b)there is a person (other than the offender) without whose
co-operation it will not be practicable to secure the
monitoring,

the requirement may not be included in the order without that
5person’s consent.

(2)A court may not include an electronic whereabouts monitoring
requirement in a youth rehabilitation order in respect of an
offender unless—

(a)the court has been notified by the Secretary of State that
10electronic monitoring arrangements are available in the
local justice area proposed to be specified in the order (and
the notice has not been withdrawn),

(b)the court is satisfied that—

(i)the offender can be fitted with any necessary
15apparatus under the arrangements currently
available, and

(ii)any other necessary provision can be made under
those arrangements, and

(c)the court is satisfied that arrangements are generally
20operational throughout England and Wales (even if not
always operational everywhere there) under which the
offender’s whereabouts can be electronically monitored.”

13(1)Schedule 7 (breach, revocation or amendment of youth rehabilitation order)
is amended as follows.

(2)25In paragraph 1(2)(b) (interpretation), for “electronic monitoring
requirement” substitute “electronic compliance monitoring requirement”.

(3)In paragraph 27(6) (persons to whom copy of order amending or revoking
youth rehabilitation order must be given)—

(a)in the entry relating to an electronic monitoring requirement, in the
30first column, for “An electronic monitoring requirement” substitute
“An electronic compliance monitoring requirement”, and

(b)after that entry insert—

14(1)40Schedule 8 (transfer of youth rehabilitation orders to Northern Ireland) is
amended as follows.

(2)In paragraph 5(2) (meaning of “locally based requirement”)—

(a)in paragraph (i), for “an electronic monitoring requirement”
substitute “an electronic compliance monitoring requirement”, and

(b)45after that paragraph insert—

“(j)an electronic whereabouts monitoring requirement.”

(3)In paragraph 7 (further provisions where offender resides or will reside in
Northern Ireland), in sub-paragraph (c)—

(a)in paragraph (vi), for “electronic monitoring” substitute “electronic
compliance monitoring”;

(b)5at the end insert—

“(vii)paragraph 48(2) (availability of
requirements for electronic whereabouts
monitoring;”.

(4)In paragraph 11(4) (persons to whom copy of youth rehabilitation order or
10amending order must be given)—

(a)in the entry relating to an electronic monitoring requirement, in the
first column, for “An electronic monitoring requirement” substitute
“An electronic compliance monitoring requirement”, and

(b)after that entry insert—

Part 3 Intensive supervision and surveillance

15The Sentencing Code is amended as follows.

1625In section 175(1) (youth rehabilitation order with intensive supervision and
surveillance)—

(a)omit the “and” at the end of paragraph (b), and

(b)at the end of paragraph (c) insert “, and

(d)in relation to an order made on or after the day on
30which paragraph 16 of Schedule 16 to the Police,
Crime, Sentencing and Courts Act 2021 first came into
force to any extent, an electronic whereabouts
monitoring requirement, unless paragraph 48 of
Schedule 6 prevents such a requirement from being
35imposed.”

17(1)Paragraph 2 of Schedule 6 (extended activity requirement) is amended as
follows.

(2)In sub-paragraph (2), for “180” substitute “the relevant number”.

(3)After sub-paragraph (2) insert—

“(2A)40In sub-paragraph (2) “the relevant number” means—

(a)in relation to a youth rehabilitation order in respect of an
offence of which the offender was convicted before the day
on which paragraph 17 of Schedule 16 to the Police, Crime,