Police, Crime, Sentencing and Courts Bill (HL Bill 72)

continued    Part 1 continued    

3In section 225(2) (third drug trafficking offence)—

(a)for “section 313(2)” substitute “section 313(2A)”,

(b)for “particular circumstances” substitute “exceptional
circumstances”, and

(c)5for paragraph (b) substitute—

“(b)justify not doing so.”

4In section 226(2) (third domestic burglary)—

(a)for “section 314(2)” substitute “section 314(2A)”,

(b)for “particular circumstances” substitute “exceptional
10circumstances”, and

(c)for paragraph (b) substitute—

“(b)justify not doing so.”

5(1)Section 227A (offences of threatening with a weapon in public or on school
premises) is amended as follows.

(2)15In subsection (1A)—

(a)for “particular circumstances” substitute “exceptional
circumstances”, and

(b)for paragraph (b) substitute—

“(b)justify not doing so.”

(3)20Sub-paragraph (2) has effect only if this Schedule comes into force before the
coming into force of paragraph 16(a) of Schedule 26 to the Sentencing Act
2020 (which omits subsection (1A) of section 227A of the Armed Forces Act
2006).

(4)In subsection (2)—

(a)25for “particular circumstances” substitute “exceptional
circumstances”, and

(b)for paragraph (b) substitute—

“(b)justify not doing so.”

6In section 237 (duty to have regard to purposes of sentencing etc), in
30subsection (3)—

(a)in paragraph (bc), for “section 313(2)” substitute “section 313(2A)”,
and

(b)in paragraph (bd), for “section 314(2)” substitute “section 314(2A)”.

7(1)Section 239 (reduction in sentences for guilty pleas) is amended as follows.

(2)35In subsection (4), for “section 313(2) or 314(2)” substitute “section 313(2A) or
314(2A)”.

(3)In subsection (5), for “section 313(2) or 314(2)”, in both places it occurs,
substitute “section 313(2A) or 314(2A)”.

8In section 260 (discretionary custodial sentences: general restrictions), in
40subsection (1)—

(a)in paragraph (e), for “section 313(2)” substitute “section 313(2A)”,
and

(b)in paragraph (f), for “section 314(2)” substitute “section 314(2A)”.

9In section 273 (review of unduly lenient sentence by Court Martial Appeal
45Court), in subsection (6)(b)—

(a)in sub-paragraph (iv), for “section 313(2)” substitute “section
313(2A)”, and

(b)in sub-paragraph (v), for “section 314(2)” substitute “section
314(2A)”.

Section 129

5Schedule 12 Removal of attendance centre requirements for adults: related amendments

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

1The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

2(1)Section 60 (attendance centre orders) is amended as follows (but see sub-
10paragraph (4)).

(2)In subsection (1)—

(a)in paragraph (b), for “21” substitute “18”;

(b)omit paragraph (c) and the word “or” before it.

(3)In subsection (4)(b), for the words from “16 or over” to the end, substitute “16
15or 17”.

(4)Sub-paragraphs (1) to (3) have no effect if paragraph 102 of Schedule 32 to
the Criminal Justice Act 2003 (which confines the effect of section 60 to
persons aged under 16) is in force when this paragraph comes into force.

3In Schedule 5 (further provision about attendance centre orders), in
20paragraph 7(1), omit “or (c)”.

Criminal Justice Act 2003 (c. 44)

4The Criminal Justice Act 2003 (the “2003 Act”) is amended as follows.

5(1)Section 221 (provision of attendance centres) is amended as follows.

(2)In subsection (2), omit “aged under 25”.

(3)25After subsection (3) insert—

“(4)In this section “relevant order” means—

(a)an order under section 177(1) (community order) or 189(1)
(suspended sentence order);

(b)a relevant order within the meaning given by section 397 of
30the Sentencing Code, made in respect of an offence of which
the offender was convicted before the day on which
paragraph 5 of Schedule 12 to the Police, Crime, Sentencing
and Courts Act 2021 came into force.”

6(1)In section 300(2) (power to impose attendance centre requirement on fine
35defaulter)—

(a)if the relevant amendment is not in force when this paragraph comes
into force, in paragraph (c) for “under 25” substitute “under 18”;

(b)if the relevant amendment is in force when this paragraph comes
into force, omit paragraph (c) and the word “or” before it.

(2)In sub-paragraph (1) the “relevant amendment” means paragraph 2(3)(a)(i)
of Schedule 26 to the Criminal Justice and Immigration Act 2008 (which
confines the application of section 300(2) of the 2003 Act to those over 18).

7If paragraph 102 of Schedule 32 is not in force when this paragraph comes
5into force, in sub-paragraph (2)(b) of that paragraph 102 (amendment of
section 61(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000), for
“21” substitute “18”.

Sentencing Code

8The Sentencing Code is amended as follows.

9(1)10Schedule 11 (transfer of community orders to Scotland or Northern Ireland)
is amended as follows.

(2)In paragraph 12(2)—

(a)at the end of paragraph (g) insert “, where such a requirement is
available (see section 207(3))”;

(b)15at the end of paragraph (h) insert “, where such a requirement is
available (see section 207(4))”.

(3)In paragraph 25(3), omit paragraph (b) (but not the “or” at the end of that
paragraph).

10(1)Schedule 17 (transfer of suspended sentence orders to Scotland or Northern
20Ireland) is amended as follows.

(2)In paragraph 9(2)—

(a)at the end of paragraph (g) insert “, where such a requirement is
available (see section 291(3))”;

(b)at the end of paragraph (h) insert “, where such a requirement is
25available (see section 291(4))”.

(3)In paragraph 32—

(a)in sub-paragraph (2), omit paragraph (b) (but not the “or” at the end
of that paragraph);

(b)in sub-paragraph (5)—

(i)30at the end of paragraph (g) insert “, where such a requirement
is available (see section 291(3))”;

(ii)at the end of paragraph (h) insert “, where such a requirement
is available (see section 291(4))”.

Section 130

Schedule 13 Community and suspended sentence orders: special procedures relating to
review and breach

Part 1 5Amendments to the Sentencing Code

Introductory

1The Sentencing Code is amended as specified in this Part of this Schedule.

Orders that qualify for special procedures

2After section 395 insert—

“395A 10 Community and suspended sentence orders qualifying for special
procedures

(1)A community order or suspended sentence order qualifies for
special procedures for the purposes of a relevant provision if the
order—

(a)15is of a description specified in regulations for the purposes of
that provision, and

(b)is made within a period, or after a time, so specified.

In subsection (1) “relevant provision” means—

(a)section 217A;

(b)20section 293A;

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

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

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

(a)25the 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,
persons of a particular sex);

(c)the offences to which the orders relate.

(4)30Where 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
order, a period of 18 months beginning with the day on which the
regulations come into force.

(5)35Regulations under this section—

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

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

Review of community orders

3(1)Section 211 (power of Crown Court to direct magistrates’ court supervision)
40is amended as follows.

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

(3)After that subsection insert—

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

45In 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
community orders which for the purposes of section 217A qualify for
special procedures.”

510After section 217 insert—

“217A Review of community order qualifying for special procedures

(1)A community order that—

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

(b)qualifies for special procedures for the purposes of this
15section,

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

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

(a)20specify 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)25provide 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)30In 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)35This 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
40requirements.

(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
requirement,

(b)may not amend—

(i)a mental health treatment requirement,

(ii)5a drug rehabilitation requirement, or

(iii)an alcohol treatment requirement,

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

(c)except with the consent of the offender, may not amend the
10order while an appeal against the order is pending.

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

(a)a 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)15an electronic compliance monitoring requirement is a
requirement of the same kind as any requirement within that
table 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
20court 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
to 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
25paragraph 9A of Schedule 10.

(7)In this section—

• “review hearing”, and

• “progress report”,

have the same meanings as in section 217A.

217C 30Alteration of review arrangements

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

(a)considers 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
35with the community order requirements of the community
order is satisfactory.

(2)If 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
40review, and

(b)it may amend the community order so as to provide for each
subsequent 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
45subsequent review to be held without a review hearing.

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

(a)considers 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
5specified time and place.

(5)At 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)10where the court is the Crown Court, by a judge of the court,
and

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

(7)In this section—

• 15“review hearing”, and

• “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)20Nothing in this section applies in relation to suspended sentence
orders which qualify for special procedures for the purposes of
section 293A.”

7After section 293 insert—

“293A Review of suspended sentence order qualifying for special
25procedures

(1)A suspended sentence order that—

(a)imposes one or more community requirements, and

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

30may make provision for the order to be reviewed periodically
(“provision for review”).

(2)Where 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)35provide for each review to be made, subject to section 294, 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)provide for a report by an officer of a provider of probation
40services on the offender’s progress in complying with the
community requirements of the order (a “progress report”) to
be 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)Section 294 (review hearings) is amended as follows.

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

(3)5In 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
to in subsection (5) but does not deal with the case forthwith, see
paragraph 9A of Schedule 16.”

(5)10In 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)In 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)15In 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)The existing provision becomes subsection (1).

(3)20After 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

11In Schedule 9 (community orders and suspended sentence orders:
25community 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
the purposes of section 217A, or

(b)30a 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)In paragraph 1 (interpretation), in the definition of “appropriate court” in
35sub-paragraph (1)—

(a)after paragraph (a) insert—

“(aa)if the community order qualifies for special
procedures for the purposes of section 217A, the
court 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)5in 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)10After 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’
15court 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)20The court may at any time—

(a)issue 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
25the offender to appear or be brought before the court which issued
it.

(4)Where—

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

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

30the court may issue a warrant for the arrest of the offender.”

(5)In paragraph 10—

(a)in 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)35if the community order qualifies for special
procedures 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
4013A);”.

(6)In paragraph 11—

(a)in 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
procedures for the purposes of this paragraph, by
ordering the offender to be committed to prison for
5such period not exceeding 28 days as the court
considers appropriate (but see also paragraph
13A);”.

(7)After paragraph 13 insert—

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

13A(1)10In 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
prison, but

(b)the Secretary of State may from time to time direct that a
15person 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
20as being in legal custody.

(3)No more than three orders under paragraph 10(5)(ba) or 11(2)(ba)
may 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)25in paragraph (a), omit the final “and”;

(b)after paragraph (a) insert—

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

30Breach of suspended sentence order: power to commit to custody

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

(2)In 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)35After paragraph 9 insert—

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

9A(1)This paragraph applies where—

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

(b)40on a review hearing under section 294(5) a magistrates’
court or the Crown Court (“the court”) is of the opinion
that the offender has without reasonable excuse breached
a community requirement of the order, and