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

continued    Part 2 continued    

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

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

(5)15In 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
2012(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-
25paragraph (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
30paragraph 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—

35“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
40person 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
45legal 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

5Prospective 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-
10paragraph (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-
15paragraph (i) insert—

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

(3)After paragraph 75 insert—

“75A20In 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
institution”.”

(4)25After paragraph 78 insert—

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

(a)omit sub-paragraph (1);

(b)in sub-paragraph (2), omit “or a young offender
30institution”.”

Section 131

Schedule 14 Community and suspended sentence orders: drug testing requirement

1The Sentencing Code is amended as follows.

2In section 201 (community order: community order requirements table),
35after the entry in the table relating to the drug rehabilitation requirement,
insert—

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

“Drug testing requirement

(3A)A drug testing requirement is not an available requirement if the
5offender was convicted of the offence before the day on which
section 131 of the Police, Crime, Sentencing and Courts Act 2021
came into force.”

4In section 287 (suspended sentence order: community requirements table),
after the entry in the table relating to the drug rehabilitation requirement,
10insert—

5In section 291 (suspended sentence order: availability of particular
requirements), after subsection (3) insert—

“Drug testing requirement

(3A)15A drug testing requirement is not an available requirement if the
offender was convicted of the offence before the day on which
section 131 of the Police, Crime, Sentencing and Courts Act 2021
came into force.”

6In Schedule 9 (community orders and suspended sentence orders:
20requirements), after Part 10 insert—

“Part 10A Drug testing requirement

Requirement

22A(1)In this Code, “drug testing requirement”, in relation to a relevant
25order, 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
given by the responsible officer.

(2)30The 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
the responsible officer;

(b)35may 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)is a power to give directions as to—

(i)40the 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)is 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-
5paragraph (3)(c).

(5)In this paragraph and paragraph 22B—

• “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
  102(1) of the Psychoactive Substances Act 2016.

Restrictions on imposing drug testing requirement

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

(a)the misuse condition, and

(b)15the availability of arrangements condition.

(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)20is 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
25offender’s home local justice area (and the notice has not been
withdrawn).”

Section 136

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

Part 1 30Detention 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)35In 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,
Crime, Sentencing and Courts Act 2021 came into force,
makes a detention and training order in respect of an
offender for an offence, and

(b)5the offender concerned has been remanded in custody in
connection with the offence or a related offence.

(1B)In 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
10mentioned in subsection (1)(a), or

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

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

(5)15For 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)the sentences were imposed on the same occasion, or

(b)20where 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
treated as a single sentence.”

3(1)25Section 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)After subsection (3ZA) insert—

“(3ZAA)30Subsection (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
offender for an offence, and

(b)35the 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
offender, is to—

(a)40a 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)In 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)

55The 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
10(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,”.

915In section 325 (time on bail under certain conditions: declaration by court),
in 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.”

1020In section 327 (period in custody awaiting extradition: declaration by court),
in 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.”

25In Schedule 27 (transitional provision), omit paragraph 14 (and the italic
heading 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
30detention” substitute “or detention and detention and training orders”.

13In 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 35Detention and training orders made under Armed Forces Act 2006

14The 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
40and 238”;

(b)omit 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)5the 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)10In 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)15subsection (2) does not apply, but

(b)in determining the total term of those orders, the court must
take 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)20any other offence the charge for which was founded
on the same facts or evidence.

(4)A 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
25and training order

(1)This section applies where—

(a)the 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)30after having been extradited to the United Kingdom,
and

(ii)without 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
35awaiting extradition to the United Kingdom.

(2)The court must—

(a)specify 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
40order.”

Section 137

Schedule 16 Youth rehabilitation orders

Part 1 Electronic monitoring: general requirements

15In Part 17 of Schedule 6 to the Sentencing Code (electronic monitoring
requirement) after paragraph 43 insert—

“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
10and Courts Act 2021 came into force imposes an electronic
monitoring requirement, the offender must (in particular)—

(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
15apparatus, and

(ii)inspection 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)20take 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
for the purposes of the monitoring.”

Part 2 25Electronic 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
orders) is amended as follows.

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

(3)In subsection (6)—

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

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

(c)after that paragraph insert—

“(ba)35Part 17 of that Schedule (electronic monitoring
requirements), so far as it applies to electronic
compliance monitoring requirements,”.

Sentencing Code

3The Sentencing Code is amended as follows.

4(1)40Section 174 (youth rehabilitation requirements table) is amended as follows.

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

(3)In that subsection, in the table—

(a)in the entry relating to electronic monitoring requirements, for
“electronic monitoring requirement” substitute “electronic
5compliance monitoring requirement”, and

(b)after that entry insert—

(4)After that subsection insert—

“(2)10See 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
day on which paragraph 4 of Schedule 16 to the Police, Crime,
Sentencing and Courts Act 2021 first came into force to any extent
15(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
supervision and surveillance), for “electronic monitoring requirement”
substitute “electronic compliance monitoring requirement”.

6(1)20Section 185 (youth rehabilitation order: availability of particular
requirements) is amended as follows.

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

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

(4)After subsection (4) insert—

“(5)An electronic whereabouts monitoring requirement is not available
for a youth rehabilitation order in respect of an offence unless the
offender was convicted of the offence on or after the day on which
30paragraph 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
purposes of making regulations).”

7In section 190 (provision of copies of youth rehabilitation order and related
35documents), 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
“An electronic compliance monitoring requirement”, and

(b)after that entry insert—

8After section 198 insert—

“198A 5 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
10Courts 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
15mentioned in subsection (1).

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

(4)This Chapter applies in relation to the youth rehabilitation order as
20if any reference to an electronic compliance monitoring requirement
were to an electronic monitoring requirement.”

9In section 395 (data from electronic monitoring: code of practice), after
“electronic monitoring of offenders under” insert “—

(a)electronic compliance monitoring requirements and
25electronic whereabouts monitoring requirements imposed
by youth rehabilitation orders, and

(b)”.

10In paragraph 19(3) of Schedule 6 (requirements where court imposes curfew
requirement), for “electronic monitoring requirement” substitute “electronic
30compliance monitoring requirement”.

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

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

(2)35In the Part heading, omit “requirement”.

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

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

(5)40In the italic heading before paragraph 42, at the end insert “: electronic
compliance monitoring requirement”.

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