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

continued    Part 2 continued    

(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
“electronic compliance monitoring requirement”.

(9)5In 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
“electronic compliance monitoring requirement”.

(11)10For 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)15in sub-paragraph (2), in the opening words, for “electronic
monitoring requirement” substitute “electronic compliance
monitoring requirement”.

(13)After paragraph 44 insert—

“Electronic whereabouts monitoring requirement

4520In this Code “electronic whereabouts monitoring requirement”, in
relation to a youth rehabilitation order, means a requirement to
submit 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)
25during a period specified in the order.

Person responsible for electronic monitoring: electronic whereabouts monitoring
order

46(1)A youth rehabilitation order which imposes an electronic
whereabouts monitoring requirement must include provision for
30making a person responsible for the monitoring.

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

Electronic whereabouts monitoring requirement: general

4735Where a youth rehabilitation order imposes an electronic
whereabouts 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)40being 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)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
person responsible for the monitoring, for the purpose of
5keeping 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)it is proposed to include an electronic whereabouts
10monitoring 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,

15the requirement may not be included in the order without that
person’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)20the court has been notified by the Secretary of State that
electronic 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)25the offender can be fitted with any necessary
apparatus under the arrangements currently
available, and

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

(c)30the court is satisfied that arrangements are generally
operational 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)
35is amended as follows.

(2)In 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)40in 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—

14(1)Schedule 8 (transfer of youth rehabilitation orders to Northern Ireland) is
10amended 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)after that paragraph insert—

“(j)15an 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)20at 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
25amending 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.

1640In 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
which paragraph 16 of Schedule 16 to the Police,
5Crime, 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
imposed.”

17(1)10Paragraph 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)In sub-paragraph (2) “the relevant number” means—

(a)15in 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,
Sentencing and Courts Act 2021 first came into force to any
extent, 180 days, and

(b)20in relation to a youth rehabilitation order in respect of an
offence of which the offender was convicted on or after
that day, 365 days.”

Part 4 Curfew requirements and education requirements

25Introductory

18The Sentencing Act 2020 is amended as follows.

Curfew requirement

19(1)Paragraph 18 of Schedule 6 (curfew requirement) is amended as follows.

(2)In sub-paragraph (4)—

(a)30omit the “and” at the end of paragraph (a),

(b)in paragraph (b), for “16 hours” substitute “the relevant number of
hours”, and

(c)at the end insert “, and

(c)not more than 112 hours in any period of 7 days
35beginning with the day of the week on which the
requirement first takes effect.”

(3)After sub-paragraph (4) insert—

“(4A)In sub-paragraph (4)(b), “the relevant number of hours”—

(a)in relation to a youth rehabilitation order in respect of an
40offence of which the offender was convicted before the day
on which paragraph 19 of Schedule 16 to the Police, Crime,
Sentencing and Courts Act 2021 came into force, means 16
hours, and

(b)in relation to a youth rehabilitation order in respect of an
offence of which the offender was convicted on or after
that day, means 20 hours.”

20In paragraph 9(1) of Schedule 23 (powers to amend limits in youth
5rehabilitation orders)—

(a)in the words before paragraph (a), for “either” substitute “any”, and

(b)in paragraph (b), for “18(4)” substitute “18(4) or (4A)”.

Education requirement

21(1)Paragraph 39 of Schedule 6 (education requirement) is amended as follows.

(2)10In sub-paragraph (4), for “by the time the offender ceases to be of
compulsory school age” substitute “by the relevant time”.

(3)After sub-paragraph (4) insert—

“(4A)In sub-paragraph (4) “the relevant time” in relation to a youth
rehabilitation order made in respect of—

(a)15an offence of which the offender was convicted before the
day on which paragraph 21 of Schedule 16 to the Police,
Crime, Sentencing and Courts Act 2021 came into force, or

(b)an offender who, when the order was made, was not
resident in England within the meaning of Part 1 of the
20Education and Skills Act 2008 (duty to participate in
education or training after compulsory school age),

means the time the offender ceases to be of compulsory school age.

(4B)In sub-paragraph (4) “the relevant time” in relation to a youth
rehabilitation order made in respect of—

(a)25an offence of which the offender was convicted on or after
the day on which paragraph 21 of Schedule 16 to the Police,
Crime, Sentencing and Courts Act 2021 came into force,
and

(b)an offender who, when the order was made, was resident
30in England within the meaning of Part 1 of the Education
and Skills Act 2008 (duty to participate in education or
training after compulsory school age),

means the time at which the offender ceases to be a person to
whom that Part applies or, if later, ceases to be of compulsory
35school age.”

Part 5 The responsible officer

Criminal Justice and Immigration Act 2008 (c. 4)

22(1)The Criminal Justice and Immigration Act 2008 is amended as follows.

(2)40In section 4(1) (meaning of “the responsible officer”), omit paragraph (a).

(3)In section 5 (responsible officer and offender: duties in relation to the other),
omit subsection (2).

Sentencing Code

23(1)The Sentencing Code is amended as follows.

(2)In section 191 (the responsible officer)—

(a)in subsection (1), omit “(2),”;

(b)5omit subsection (2).

(3)In section 192 (obligations of responsible officer), omit subsection (3).

Section 158

Schedule 17 Variation etc of order by court in another part of the United Kingdom

Part 1 10Variation etc of order made in England and Wales or Scotland by court in
Northern Ireland

Amendments of the Sexual Offences Act 2003 (c. 42)

1(1)Section 136ZC of the Sexual Offences Act 2003 (variation of sexual harm
prevention order by court in Northern Ireland) is amended as follows.

(2)15In the heading, after “Variation” insert “, renewal or discharge”.

(3)In subsection (2), in the words after paragraph (b), after “varying” insert “,
renewing or discharging”.

(4)In subsection (4)—

(a)for “subsections (5) and (6)” substitute “subsections (4A) to (6B)”, and

(b)20after “varying” insert “, renewing or discharging”.

(5)After subsection (4) insert—

“(4A)In determining the application the court must have regard to—

(a)the time for which the defendant is likely to remain in
Northern Ireland, and

(b)25whether—

(i)in the case of a sexual harm prevention order made by
a court in England and Wales, the defendant is likely
to return to, or to visit, England and Wales, or

(ii)in the case of a sexual harm prevention order made by
30a court in Scotland, the defendant is likely to return to,
or to visit, Scotland.”

(6)In subsection (5), in the words before paragraph (a)—

(a)after “An order may be” insert “renewed, or”, and

(b)for “only” substitute “, only”.

(7)35In subsection (6), in the words before paragraph (a), after “An order as”
insert “renewed or”.

(8)After subsection (6) insert—

“(6A)The court must not discharge a sexual harm prevention order made
by a court in England and Wales before the end of 5 years beginning
with the day on which the order was made without the consent of the
5defendant and the Chief Constable.

(6B)The court must not discharge a sexual harm prevention order made
by a court in Scotland, or vary such an order so as to remove a
prohibition or requirement, unless the order or, as the case may be,
the prohibition or requirement is no longer necessary for the purpose
10of—

(a)protecting the public, or any particular members of the
public, from sexual harm from the defendant, or

(b)protecting children or vulnerable adults generally, or any
particular children or vulnerable adults, from sexual harm
15from the defendant outside the United Kingdom.”

(9)In subsection (9)—

(a)in the definition of “the appropriate court”, for paragraphs (a) and (b)
substitute—

“(a)where the sexual harm prevention order was made—

(i)20in England and Wales, by the Crown Court,
otherwise than on appeal from a magistrates’
court, or by the Court of Appeal, or

(ii)in Scotland, by the High Court of Justiciary
otherwise than on appeal,

25the Crown Court (in Northern Ireland);

(b)where the defendant is aged 18 or over and the sexual
harm prevention order was made—

(i)in England and Wales, by a magistrates’ court
or by the Crown Court on appeal from a
30magistrates’ court, or

(ii)in Scotland, by the High Court of Justiciary on
appeal, by the Court of Session, by the Sheriff
Appeal Court or by a sheriff,

any court of summary jurisdiction in Northern
35Ireland;”, and

(b)at the appropriate place insert—

• ““the defendant”, in relation to a sexual harm
  prevention order made under section 11 or 12 of the
  Abusive Behaviour and Sexual Harm (Scotland) Act
  402016 (asp 22), means the person against whom the
  order has effect;”;

• ““sexual harm prevention order” includes a sexual harm
  prevention order made under section 11 or 12 of the
  Abusive Behaviour and Sexual Harm (Scotland) Act
  452016.”

2(1)Section 136ZD of the Sexual Offences Act 2003 (variation of sexual risk order
by court in Northern Ireland) is amended as follows.

(2)In the heading, after “Variation” insert “, renewal or discharge”.

(3)In subsection (2), in the words after paragraph (b), after “varying” insert “,
renewing or discharging”.

(4)In subsection (3)—

(a)for “subsections (4) and (5)” substitute “subsections (3A) to (5B)”, and

(b)5after “varying” insert “, renewing or discharging”.

(5)After subsection (3) insert—

“(3A)In determining the application the court must have regard to—

(a)the time for which the defendant is likely to remain in
Northern Ireland, and

(b)10whether—

(i)in the case of a sexual risk order made by a court in
England and Wales, the defendant is likely to return
to, or to visit, England and Wales, or

(ii)in the case of a sexual risk order made by a court in
15Scotland, the defendant is likely to return to, or to
visit, Scotland.”

(6)In subsection (4), in the words before paragraph (a)—

(a)after “An order may be” insert “renewed, or”, and

(b)for “only” substitute “, only”.

(7)20In subsection (5), in the words before paragraph (a), after “An order as”
insert “renewed or”.

(8)After subsection (5) insert—

“(5A)The court must not discharge a sexual risk order made by a court in
England and Wales before the end of 2 years beginning with the day
25on which the order was made without the consent of the defendant
and the Chief Constable.

(5B)The court must not discharge a sexual risk order made by a court in
Scotland, or vary such an order so as to remove a prohibition or
requirement, unless the order or, as the case may be, the prohibition
30or requirement is no longer necessary for the purpose of—

(a)protecting the public, or any particular members of the
public, from harm from the defendant, or

(b)protecting children or vulnerable adults generally, or any
particular children or vulnerable adults, from harm from the
35defendant outside the United Kingdom.”

(9)In subsection (8), at the appropriate place insert—

• ““the defendant”, in relation to a sexual risk order made under
  section 27 of the Abusive Behaviour and Sexual Harm
  (Scotland) Act 2016 (asp 22), means the person against whom
  40the order has effect;”;

• ““sexual risk order” includes a sexual risk order made under
  section 27 of the Abusive Behaviour and Sexual Harm
  (Scotland) Act 2016.”

Amendments of the Sentencing Code

3(1)Section 351 of the Sentencing Code (variation of sexual harm prevention
order by court in Northern Ireland) is amended as follows.

(2)In the heading, after “Variation” insert “, renewal or discharge”.

(3)5In subsection (2), in the words after paragraph (b), after “varying” insert “,
renewing or discharging”.

(4)In subsection (5), in the words after paragraph (b)—

(a)after “varying” insert “, renewing or discharging”, and

(b)for “subsections (6) and (7)” substitute “subsections (5A) to (7A)”.

(5)10After subsection (5) insert—

“(5A)In determining the application the court must have regard to—

(a)the time for which the defendant is likely to remain in
Northern Ireland, and

(b)whether the defendant is likely to return to, or to visit,
15England and Wales.”

(6)In subsection (6), in the words before paragraph (a)—

(a)after “An order may be” insert “renewed, or”, and

(b)for “only” substitute “, only”.

(7)In subsection (7), in the words before paragraph (a), after “An order as”
20insert “renewed or”.

(8)After subsection (7) insert—

“(7A)The court must not discharge an order before the end of the period
of 5 years beginning with the day on which the order was made
without the consent of the defendant and the Chief Constable of the
25Police Service of Northern Ireland.”

Part 2 Variation of order by court in Scotland

Amendments of the Sexual Offences Act 2003 (c. 42)

4After section 136ZD of the Sexual Offences Act 2003 insert—

“136ZE 30 Variation, renewal or discharge of sexual harm prevention order etc
by court in Scotland

(1)This section applies where a relevant order has been made in respect
of a person who now—

(a)is residing in Scotland, or

(b)35is in or is intending to come to Scotland.

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

(a)a sexual harm prevention order,

(b)a sexual offences prevention order, or

(c)a foreign travel order.

(3)40An application may be made to the appropriate sheriff in Scotland—

(a)by the defendant, or

(b)by the chief constable,

for an order varying, renewing or discharging the relevant order.

(4)Subject to subsections (5) to (12), on the application the court, after
5hearing the person making the application and the other person
mentioned in subsection (3) (if that person wishes to be heard), may
make any order varying, renewing or discharging the relevant order
that the appropriate sheriff considers appropriate.

(5)In determining the application the court must have regard to—

(a)10the time for which the defendant is likely to remain in
Scotland, and

(b)whether—

(i)in the case of a sexual harm prevention order, the
defendant is likely to return to, or to visit, England
15and Wales, or

(ii)in the case of a sexual offences prevention order or
foreign travel order, the defendant is likely to return
to, or to visit, Northern Ireland.

(6)A sexual harm prevention order may be renewed, or varied under
20this section so as to impose additional prohibitions or requirements
on the defendant, only if it is necessary to do so for the purpose of—

(a)protecting the public in Scotland, or any particular members
of the public in Scotland, from sexual harm from the
defendant, or

(b)25protecting children or vulnerable adults generally, or any
particular children or vulnerable adults, from sexual harm
from the defendant outside the United Kingdom.

(7)A sexual harm prevention order as renewed or varied under this
section may contain only such prohibitions and requirements as are
30necessary for the purpose of—

(a)protecting the public or any particular members of the public
from sexual harm from the defendant, or

(b)protecting children or vulnerable adults generally, or any
particular children or vulnerable adults, from sexual harm
35from the defendant outside the United Kingdom.

(8)A sexual offences prevention order may be renewed, or varied under
this section so as to impose additional prohibitions or requirements
on the defendant, only if it is necessary to do so for the purpose of
protecting the public in Scotland, or any particular members of the
40public in Scotland, from serious sexual harm from the defendant.

(9)A sexual offences prevention order as renewed or varied under this
section may contain only such prohibitions and requirements as are
necessary for the purpose of protecting the public or any particular
members of the public from serious sexual harm from the defendant.

(10)45A foreign travel order may be renewed, or varied under this section
so as to impose additional prohibitions on the defendant, only if it is
necessary to do so for the purpose of protecting children generally or
any child from serious sexual harm from the defendant outside the
United Kingdom.