Police, Crime, Sentencing and Courts Bill (HL Bill 95)

Part 6 continued    

(c)the offender consents to being given the caution;

(d)an authorised person—

(i)explains the effect of the caution to the offender, and

(ii)in particular, warns the offender of the effect of failure to
5comply with any of the conditions attached to the caution;

(e)the offender signs a document which contains—

(i)details of the offence,

(ii)the offender’s admission to having committed the offence,

(iii)the offender’s consent to being given the caution, and

(iv)10the conditions attached to the caution.

(3)A community caution may not be given in respect of an offence committed
before the coming into force of this section.

(4)The power to give a community caution under subsection (1) is also subject to
regulations under section 116 (restrictions on multiple use of cautions).

108 15Deciding on the conditions

(1)The conditions attached to a community caution are to be decided upon by—

(a)an authorised person, or

(b)in a case where a prosecution authority has taken the decision that the
caution should be given, the prosecution authority.

(2)20The conditions which may be attached to a community caution are those
authorised by—

(a)section 109 (rehabilitation and reparation conditions), and

(b)section 110 (financial penalty conditions).

(3)When deciding what conditions to attach to a community caution the
25authorised person or prosecution authority must—

(a)make reasonable efforts, or ensure that reasonable efforts are or have
been made, to obtain the views of any victim or victims of the offence,
and

(b)take those views into account.

(4)30The views referred to in subsection (3) include in particular views as to
whether the offender should carry out any of the actions listed in the
community remedy document.

(5)Where it is the view of the victim or all the victims that the offender should
carry out a particular action listed in the community remedy document, the
35authorised person or prosecution authority must attach that as a condition
unless it seems to the authorised person or prosecution authority—

(a)the action is not one that can be attached as a condition to a community
caution, or

(b)it would be inappropriate to do so.

109 40Rehabilitation and reparation conditions

(1)Conditions with one or both of the objects in subsection (2) may be attached to
a community caution.

(2)The objects are—

(a)facilitating the rehabilitation of the offender;

(b)ensuring that the offender makes reparation for the offence.

(3)The conditions which may be attached to a community caution for the objects
referred to in subsection (2) include—

(a)5restrictive conditions,

(b)unpaid work conditions, and

(c)attendance conditions.

(4)A restrictive condition is a condition requiring the offender—

(a)not to meet or communicate with specified individuals;

(b)10not to be in or go to specified addresses, places or areas in the United
Kingdom;

(c)not to carry out or participate in specified activities;

(d)not to engage in specified conduct (which may include conduct
constituting a criminal offence).

(5)15An unpaid work condition is a condition requiring the offender to carry out
unpaid work of a specified description for a specified number of hours, which
may not exceed 10.

(6)An attendance condition is a condition requiring the offender to attend a
specified place—

(a)20for a specified purpose, and

(b)for a specified number of hours, which may not exceed 10 where the
condition only has the object referred to in subsection (2)(b).

(7)Where an attendance condition requires the offender to attend somewhere for
the purpose of participating in any education or training, or receiving any
25other service, the attendance condition may also require the offender to pay for
the reasonable cost of the provision of the education, training or service to the
offender.

(8)Regulations may amend subsection (5) or (6)(b) (or both) so as to substitute a
different number of hours.

(9)30A condition authorised by this section may—

(a)contain further details as to how it must be complied with (including
the times at or between which something must or must not be done);

(b)provide for those details to be supplied, after the giving of the caution,
by a specified person or a person of a specified description.

(10)35A condition authorised by this section may not require a person to remain at
their own or anyone else’s residence for any period of time.

(11)In this section “specified” means specified in the caution.

110 Financial penalty conditions

(1)A condition requiring the offender to pay a financial penalty may be attached
40to a community caution with the object of punishing the offender.

(2)The condition must specify—

(a)the amount of the financial penalty,

(b)the person to whom the financial penalty must be paid,

(c)how it must or may be paid,

(d)the date on or before which the penalty must be paid, and

(e)the consequences of non-payment.

(3)The amount specified under subsection (2)(a) must not exceed an amount
prescribed in regulations.

(4)5Where the person specified under subsection (2)(b) is not the designated officer
for a magistrates’ court, once the penalty is paid to that person they must give
it to such an officer.

(5)The date specified under subsection (2)(d) must be the last day of the period of
28 days beginning with the day on which the caution is given.

(6)10If the financial penalty is not paid on or before the date specified under
subsection (2)(d), the amount of the penalty required to be paid by the
condition is increased by 50%.

(7)Where subsection (6) applies, if the increased penalty is not paid within the
period of 21 days beginning with the day after the date specified under
15subsection (2)(d), the amount of the increased penalty may be registered under
section 111 for enforcement against the offender as a fine.

111 Enforcement of financial penalties: registration

(1)The chief officer of police may, in respect of any amount registrable under
section 110(7), issue a certificate (“a registration certificate”)—

(a)20giving particulars of the financial penalty,

(b)stating that the amount is registrable for enforcement against the
offender as a fine, and

(c)stating the name and last known address of the offender.

(2)The chief officer of police issuing a registration certificate must cause it to be
25sent to the designated officer for the local justice area in which the offender
appears to the chief officer to reside.

(3)The designated officer for a local justice area in receipt of a registration
certificate must—

(a)register the amount for enforcement as a fine in that area by entering it
30in the register of a magistrates’ court acting for that area, or

(b)if it appears to the designated officer that the offender does not reside
in that area, cause the certificate to be sent to the person appearing to
the officer to be the designated officer for the local justice area in which
the offender resides.

(4)35A designated officer registering an amount under this section for enforcement
as a fine must give the offender notice of the registration which—

(a)specifies the amount registered, and

(b)gives the information with respect to the financial penalty, and the
authority for registration, that was included in the registration
40certificate.

(5)If an amount is registered in a magistrates’ court as a result of this section, any
enactment referring (in whatever terms) to a fine imposed, or other sum
adjudged to be paid, on conviction by such a court applies as if the registered
amount were a fine imposed by that court on the conviction of the offender on
45the date on which the amount was registered.

112 Enforcement of financial penalties: court proceedings

(1)This section applies where, in any proceedings for the enforcement of an
amount registered under this section, the person against whom the
proceedings are taken claims—

(a)5not to be the person to whom the community caution was given,

(b)to have paid the amount that was required to be paid, or

(c)to have a reasonable excuse for not paying.

(2)The court may adjourn the proceedings, on one or more occasions, for the
purpose of allowing the claim to be investigated, but must not adjourn for
10more than 28 days in total.

(3)The court must accept a claim under subsection (1)(a) or (b) unless it is shown,
on the balance of probabilities, that the claim is unfounded.

(4)Where a court accepts a claim under subsection (1)(b), the condition of the
caution by virtue of which the amount is required to be paid ceases to have
15effect.

(5)In the case of a claim under subsection (1)(c), the court must accept the claim
so far as relating to the facts claimed (leaving aside any question as to the
reasonableness of the excuse), unless it is shown, on the balance of
probabilities, that the claim so far as relating to those facts is unfounded.

(6)20Where a court accepts a claim under subsection (1)(c), the court may order that
the condition of the caution by virtue of which the amount is required to be
paid—

(a)ceases to have effect, or

(b)is varied so as to reduce the amount payable or to extend the time for
25payment (or both).

113 Variation of conditions

(1)An authorised person or prosecution authority may, with the consent of the
offender, vary the conditions attached to a community caution by—

(a)varying or omitting any of the conditions;

(b)30adding a condition.

(2)See also section 114(2) (addition of financial penalty).

114 Effect of community caution

(1)Where a community caution is given, criminal proceedings may not be
instituted against the offender for the offence in respect of which the caution
35was given.

(2)If the offender fails without reasonable excuse to comply with any condition
imposed under section 109, an authorised person or prosecution authority
may—

(a)rescind the condition, and

(b)40attach a condition imposing a financial penalty (or further such
condition) under section 110.

General

115 Code of practice

(1)The Secretary of State must prepare a code of practice in relation to
diversionary and community cautions.
5The code may, in particular, include provision as to—

(a)the circumstances in which diversionary and community cautions may
be given;

(b)the procedure to be followed in connection with the giving of
diversionary and community cautions;

(c)10the conditions which may be attached to diversionary and community
cautions and the time for which they may have effect;

(d)the category of constable or investigating officer by whom diversionary
and community cautions may be given;

(e)the persons whom a prosecution authority may authorise as authorised
15persons for the purposes of this Part;

(f)the form which diversionary and community cautions are to take and
the manner in which they are to be given and recorded;

(g)the places where diversionary and community cautions may be given;

(h)the provision which may be made in a condition under section 101(2)(b)
20or 110(2)(b);

(i)the monitoring of compliance with conditions attached to diversionary
and community cautions;

(j)the exercise of the power of arrest conferred by section 105(1);

(k)who is to decide how a person should be dealt with under section
25105(2) and (3).

(3)After preparing a draft of the code the Secretary of State—

(a)must publish the draft,

(b)must consider any representations made to the Secretary of State about
the draft, and

(c)30may amend the draft accordingly,

but may not publish or amend the draft without the consent of the Attorney
General.

(4)After complying with subsection (3) the Secretary of State must lay the code
before each House of Parliament.

(5)35After complying with subsection (4) the Secretary of State may bring the code
into force by regulations.

(6)The Secretary of State may from time to time revise a code of practice brought
into force under this section.

(7)Subsections (3) to (6) apply (with appropriate modifications) to a revised code
40as they apply to the original code.

116 Restriction on multiple cautions

(1)Regulations may prohibit the giving of a diversionary or community caution
to a person in respect of an offence where the person has already been given
one or more cautions.

(2)A prohibition under subsection (1) may in particular be framed by reference
to—

(a)the kinds of caution previously given to the person;

(b)the number of times any kind of caution has been given to the person;

(c)5the period preceding the commission of the offence within which any
kind of caution has been given to the person;

(d)the offence or description of offences in respect of which any kind of
caution has been given to the person.

(3)For the purposes of this section “caution” means—

(a)10a diversionary or community caution;

(b)a conditional caution under Part 3 of the Criminal Justice Act 2003
given before the coming into force of section 117;

(c)any other caution given to the person before the coming into force of
that section in respect of an offence where—

(i)15the person admitted having committed the offence,

(ii)the person was aged 18 or over when the caution was given, and

(iii)the caution was given by a constable or other person authorised
to give the caution.

117 Abolition of other cautions and out-of-court disposals

(1)20No caution other than a diversionary or community caution may be given to a
person aged 18 or over who admits to having committed an offence.

(2)In the Criminal Justice Act 2003, omit Part 3 (conditional cautions).

(3)In the Criminal Justice and Police Act 2001, omit Chapter 1 of Part 1 (on-the-
spot penalties for disorderly behaviour).

(4)25Subsections (2) and (3) do not affect the continuing operation of the provisions
repealed by those subsections in relation to offences committed before the day
on which this section comes into force.

Supplementary

118 Consequential amendments relating to Part 6

30Schedule 10 contains consequential amendments.

119 Regulations under Part 6

(1)Regulations under this Part are to be made by the Secretary of State by
statutory instrument.

(2)Regulations under this Part may make—

(a)35different provision for different purposes;

(b)consequential, supplementary, incidental, transitional and transitory
provision and savings.

(3)A statutory instrument containing the regulations specified in subsection (4)
(with or without other provision) may not be made unless a draft of the
40instrument has been laid before, and approved by resolution of, each House of
Parliament.

(4)The regulations referred to in subsection (3) are—

(a)regulations under section 97(6)(b) or (c) (excluded offences);

(b)regulations under section 100(8) or 109(8);

(c)the first regulations under section 101(3) or 110(3) (maximum amount
5of financial penalty);

(d)any other regulations under section 101(3) or 110(3) which increase or
decrease the maximum amount of a financial penalty by more than is
necessary to reflect changes in the value of money;

(e)regulations under section 115(5) (commencement of code);

(f)10regulations under section 116 (restriction on multiple cautions).

(5)A statutory instrument containing regulations under this Part to which
subsection (3) does not apply is subject to annulment in pursuance of a
resolution of either House of Parliament.

120 Interpretation of Part 6

15In this Part—

• “the 1984 Act” means the Police and Criminal Evidence Act 1984;

• “authorised person” has the meaning given by section 97(7);

• “community remedy document” means the community remedy
  document (as revised from time to time) published under section 101 of
  20the Anti-social Behaviour, Crime and Policing Act 2014 for the police
  area where the offence in question was committed;

• “excluded offence” has the meaning given by section 97(6);

• “indictable-only offence” means an offence which, if committed by an
  adult, is triable only on indictment;

• 25“investigating officer” means—

  (a)

  an officer of Revenue and Customs appointed in accordance
  with section 2(1) of the Commissioners for Revenue and
  Customs Act 2005, or

  (b)

  a person designated as a policing support officer or a policing
  30support volunteer under section 38 of the Police Reform Act
  2002;

• “police detention” has the same meaning as in the 1984 Act (see section
  118(2) of that Act);

• “prosecution authority” means—

  (a)

  35the Attorney General;

  (b)

  the Director of Public Prosecutions;

  (c)

  the Director of the Serious Fraud Office;

  (d)

  the Secretary of State;

  (e)

  a person prescribed in regulations;

• 40“victim”, in relation to an offence, means the particular person who
  appears to have been affected, or principally affected, by the offence.

Part 7 Sentencing and release

Chapter 1 Custodial sentences

121 5Penalty for cruelty to children

(1)In section 1 of the Children and Young Persons Act 1933 (cruelty to persons
under 16), in subsection (1)(a) (penalty on conviction on indictment), for “ten”
substitute “14”.

(2)Subsection (1) applies only in relation to offences committed on or after the day
10on which this section comes into force.

122 Penalty for causing or allowing a child or vulnerable adult to die or suffer
serious physical harm

(1)Section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or
allowing a child or vulnerable adult to die or suffer serious harm) is amended
15in accordance with subsections (2) and (3).

(2)In subsection (7) (penalty in the case of a person’s death), for the words “liable
on conviction on indictment” substitute “liable—

(a)on conviction on indictment in England and Wales, to
imprisonment for life or to a fine, or to both;

(b)20on conviction on indictment in Northern Ireland,”.

(3)In subsection (8) (penalty in the case of serious physical harm), for the words
“liable on conviction on indictment” substitute “liable—

(a)on conviction on indictment in England and Wales, to
imprisonment for a term not exceeding 14 years or to a fine, or
25to both;

(b)on conviction on indictment in Northern Ireland,”.

(4)Subsections (2) and (3) apply only in relation to offences where the unlawful
act to which the offence relates is an act that occurs, or so much of such an act
as occurs, on or after the day on which this section comes into force.

(5)30In Schedule 19 to the Sentencing Code (list of certain specified offences
carrying maximum sentence on indictment of imprisonment for life), after
paragraph 20 insert—

“Domestic Violence, Crime and Victims Act 2004

20A(1)An offence under section 5 of the Domestic Violence, Crime and
35Victims Act 2004 that meets the conditions in sub-paragraph (2).

(2)The conditions are that—

(a)the unlawful act to which the offence relates was an act that
occurred, or so much of an act as occurred, on or after the day
on which section 122 of the Police, Crime, Sentencing and
40Courts Act 2022 came into force, and

(b)the offender is liable on conviction on indictment to
imprisonment for life.”

Minimum sentences for particular offences

123 Minimum sentences for particular offences

(1)5The Sentencing Code is amended in accordance with subsections (2) to (8).

(2)In section 312 (minimum sentence for offences of threatening with weapon or
bladed article)—

(a)in subsection (2), for “The court” substitute “If the offence was
committed before the day on which section 123 of the Police, Crime,
10Sentencing and Courts Act 2022 came into force, the court”, and

(b)after subsection (2) insert—

“(2A)If the offence was committed on or after the day on which
section 123 of the Police, Crime, Sentencing and Courts Act 2022
came into force, the court must impose an appropriate custodial
15sentence unless the court is of the opinion that there are
exceptional circumstances which—

(a)relate to the offence or to the offender, and

(b)justify not doing so.”

(3)In section 313 (minimum sentence of 7 years for third class A drug trafficking
20offence)—

(a)in subsection (2), for “The court” substitute “If the index offence was
committed before the day on which section 123 of the Police, Crime,
Sentencing and Courts Act 2022 came into force, the court”,

(b)after subsection (2) insert—

“(2A)25If the index offence was committed on or after the day on which
section 123 of the Police, Crime, Sentencing and Courts Act 2022
came into force, the court must impose an appropriate custodial
sentence for a term of at least 7 years unless the court is of the
opinion that there are exceptional circumstances which—

(a)30relate to any of the offences or to the offender, and

(b)justify not doing so.”, and

(c)in subsection (4)(b), after “subsection (2)” insert “or (2A)”.

(4)In section 314 (minimum sentence of 3 years for third domestic burglary)—

(a)in subsection (2), for “The court” substitute “If the index offence was
35committed before the day on which section 123 of the Police, Crime,
Sentencing and Courts Act 2022 came into force, the court”,

(b)after subsection (2) insert—

“(2A)If the index offence was committed on or after the day on which
section 123 of the Police, Crime, Sentencing and Courts Act 2022
40came into force, the court must impose an appropriate custodial
sentence for a term of at least 3 years unless the court is of the
opinion that there are exceptional circumstances which—

(a)relate to any of the offences or to the offender, and

(b)justify not doing so.”, and

(c)45in subsection (4)(b), after “subsection (2)” insert “or (2A)”.

(5)In section 315 (minimum sentence for repeat offence involving weapon or
bladed article)—

(a)in subsection (2), for “The court” substitute “If the index offence was
committed before the day on which section 123 of the Police, Crime,
5Sentencing and Courts Act 2022 came into force, the court”,

(b)after subsection (2) insert—

“(2A)If the index offence was committed on or after the day on which
section 123 of the Police, Crime, Sentencing and Courts Act 2022
came into force, the court must impose an appropriate custodial
10sentence unless the court is of the opinion that there are
exceptional circumstances which—

(a)relate to the offence, to the previous offence or to the
offender, and

(b)justify not doing so.”, and

(c)15in subsection (3), for “subsection (2)” substitute “subsections (2) and
(2A)”.

(6)In section 316(1)(a) (appeals where previous conviction set aside), after
“subsection (2)” insert “or (2A)”.

(7)In section 320 (determination of day when offence committed), after “311,”
20insert “312,”.

(8)In section 399(c) (mandatory sentence requirements)—

(a)in sub-paragraph (ii), after “312(2)” insert “or (2A)”,

(b)in sub-paragraph (iii), after “313(2)” insert “or (2A)”,

(c)in sub-paragraph (iv), after “314(2)” insert “or (2A)”, and

(d)25in sub-paragraph (v), after “315(2)” insert “or (2A)”.

(9)In Schedule 22 to the Sentencing Act 2020—

(a)in paragraph 66 (amendments of section 313 of the Code), after
paragraph (a) insert—

“(aa)in subsection (2A), for “an appropriate custodial
30sentence” substitute “a sentence of imprisonment”;”,
and

(b)in paragraph 67 (amendments of section 314 of the Code), after
paragraph (a) insert—

“(aa)in subsection (2A), for “an appropriate custodial
35sentence” substitute “a sentence of imprisonment”;”.

(10)Schedule 11 contains amendments which are consequential on this section.

(11)An amendment made by Schedule 11, so far as it has effect—

(a)in relation to dealing with a person for an offence, or

(b)in relation to a sentence passed for an offence,

40has effect only where the person committed the offence on or after the day on
which the Schedule came into force.

(12)For the purposes of subsection (11), where an offence is found to have been
committed—

(a)over a period of 2 or more days, or

(b)45at some time during a period of 2 or more days,

it is to be taken to have been committed on the last of those days.