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

Part 7 continued    

(c)after subsection (2) insert—

“(2A)The powers under subsections (1A) and (2) to give instructions
apply even if all the community requirements of the suspended
sentence order have been complied with.”;

(d)5in subsection (3), for “That obligation” substitute “An obligation under
this section”.

148 Increases in maximum daily curfew hours and curfew requirement period

(1)Paragraph 9 of Schedule 9 to the Sentencing Code (community orders and
suspended sentence orders: curfew requirement) is amended in accordance
10with subsections (2) to (5).

(2)In sub-paragraph (4)—

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

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

(c)15at the end insert “, and

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

(3)After sub-paragraph (4) insert—

“(4A)20In sub-paragraph (4) “the relevant number of hours” means—

(a)in relation to a relevant order in respect of an offence of which
the offender was convicted before the day on which section
148 of the Police, Crime, Sentencing and Courts Act 2022
came into force, 16 hours, and

(b)25in relation to a relevant order in respect of an offence of which
the offender was convicted on or after that day, 20 hours.”

(4)In sub-paragraph (5), for the words “the period of 12 months” substitute “the
relevant period”.

(5)After sub-paragraph (5) insert—

“(6)30In sub-paragraph (5) “the relevant period” means—

(a)in relation to a relevant order in respect of an offence of which
the offender was convicted before the day on which section
148 of the Police, Crime, Sentencing and Courts Act 2022
came into force, the period of 12 months, and

(b)35in relation to a relevant order in respect of an offence of which
the offender was convicted on or after that day, the period of
2 years.”

(6)In paragraph 13 of Schedule 23 to the Sentencing Act 2020 (powers to amend
limits in community requirements)—

(a)40in sub-paragraph (1)(b), after “9(4)” insert “or (4A)”;

(b)in sub-paragraph (2)(a), for “9(5)” substitute “9(6)”.

(7)The Criminal Justice Act 2003 is amended in accordance with subsections (8)
and (9).

(8)In Schedule 19A (supervision default orders)—

(a)in paragraph 2 (application of community orders provisions to
supervision default orders), in paragraph (h), for “9(1) to (4)” substitute
“9(1) to (4A)”;

(b)in paragraph 3—

(i)5in sub-paragraph (6), in the substituted sub-paragraph (4)(a),
for “16 hours” substitute “the relevant number of hours”;

(ii)after sub-paragraph (6) insert—

“(6A)Paragraph 9(4A) of that Schedule applies as if
references to an offence of which the offender was
10convicted before, on or after a day were references to
a failure by a person to comply with a requirement
that occurred before, on or after that day.”

(9)In Schedule 31 (default orders: modification of provisions relating to
community orders), in paragraph 3—

(a)15after sub-paragraph (1) insert—

“(1A)Any reference to an offence of which the offender was
convicted before, on or after a day is to be read as a reference
to a default made by a person before, on or after that day.”;

(b)in sub-paragraph (2)—

(i)20for “sub-paragraph (4)” substitute “sub-paragraph (4A)”;

(ii)for “(4A)” substitute “(4B)”.

149 Power for responsible officer to vary curfew requirements etc

(1)The Sentencing Code is amended as follows.

(2)In Part 5 of Schedule 9 (community orders and suspended sentence orders:
25curfew requirements), after paragraph 10 insert—

“Power of responsible officer to vary curfew requirement

10A(1)This paragraph applies where—

(a)a relevant order is in force,

(b)the order is in respect of an offence of which the offender was
30convicted on or after the day on which section 149 of the
Police, Crime, Sentencing and Courts Act 2022 came into
force,

(c)the order includes a curfew requirement imposed under
paragraph 9, and

(d)35the responsible officer considers that the variation condition
is met.

(2)The variation condition is met if, having regard to a change in the
offender’s circumstances since the relevant order was made, it is
appropriate to—

(a)40vary the start time of any of the curfew periods;

(b)vary the relevant place in relation to any of those periods.

(3)The responsible officer may, with the consent of the offender, give
the offender notice (a “variation notice”) specifying—

(a)the new start time of such of the curfew periods as are
45specified in the notice;

(b)the new relevant place for such of the curfew periods as are
so specified.

(4)The effect of a variation notice is to vary the relevant order as
specified in the notice, with effect from the date so specified.

(5)5A variation notice may specify different variations of the start time,
or of the relevant place, for different days.

(6)Before giving a variation notice containing provision pursuant to
sub-paragraph (3)(b), the responsible officer must obtain and
consider information about each place proposed to be specified in
10the notice.

(7)That information must include information as to the attitude of
persons likely to be affected by the offender’s enforced presence
there.

(8)A variation notice must not—

(a)15vary the length of any of the offender’s curfew periods;

(b)in a case where the relevant order includes a residence
requirement under paragraph 13, vary the relevant place in a
way that is inconsistent with that requirement;

(c)make any variation prohibited by sub-paragraph (9).

(9)20A variation is prohibited by this sub-paragraph if—

(a)the relevant order concerned includes an electronic
compliance monitoring requirement imposed under
paragraph 10(3) (a “monitoring requirement”), and

(b)the responsible officer considers that, if the court had made
25the relevant order imposing the curfew requirement as
varied by the variation, the court—

(i)would not have imposed the monitoring
requirement, or

(ii)would have imposed a different monitoring
30requirement.

(10)The responsible officer must give the appropriate court—

(a)a copy of a variation notice given under this paragraph, and

(b)evidence of the offender’s consent to the notice.

(11)In this paragraph—

(a)35“appropriate court”—

(i)in relation to a community order, has the same
meaning as in Schedule 10 (see paragraph 1 of that
Schedule);

(ii)in relation to a suspended sentence order, has the
40same meaning as in Schedule 16 (see paragraph 1 of
that Schedule);

(b)“curfew periods”, in relation to a relevant order, means the
periods specified in the order under paragraph 9(2)(a);

(c)“relevant place”, in relation to a curfew period, means the
45place specified under paragraph 9(2)(b) at which the offender
is required to remain for that period;

(d)“start time”, in relation to a curfew period, means the time at
which the period is required to start pursuant to the relevant
order.”

(3)In paragraph 16 of Schedule 10 (amendment of community order because of
5change of residence), after sub-paragraph (2) insert—

“(3)If the permission is given by the responsible officer—

(a)the officer must give notice to the appropriate court of the
permission, and

(b)the court must amend the order as set out in sub-paragraph
10(2).”

(4)After paragraph 17 of that Schedule insert—

“Amendment because of variation of curfew requirement by responsible officer

17A(1)This paragraph applies where at any time the responsible officer
gives—

(a)15a copy of a variation notice in relation to a community order,
and

(b)evidence of the offender’s consent to the notice,

to the appropriate court under paragraph 10A of Schedule 9.

(2)The appropriate court must amend the order to reflect the effect of
20the variation notice.”

(5)In paragraph 23 of Schedule 16 (amendment of suspended sentence order)
because of change of residence), after sub-paragraph (2) insert—

“(3)If the permission is given by the responsible officer—

(a)the officer must give notice to the appropriate court of the
25permission, and

(b)the court must amend the suspended sentence order as set
out in sub-paragraph (2).”

(6)After paragraph 24 of that Schedule insert—

“Amendment because of variation of curfew requirement by responsible officer

24A(1)30This paragraph applies where at any time the responsible officer
gives—

(a)a copy of a variation notice in relation to a suspended
sentence order, and

(b)evidence of the offender’s consent to the notice,

35to the appropriate court under paragraph 10A of Schedule 9.

(2)The appropriate court must amend the order to reflect the effect of
the variation notice.”

150 Removal of attendance centre requirements for adults

(1)The Sentencing Code is amended in accordance with subsections (2) to (4).

(2)40In section 207(3) (community orders: availability of attendance centre

requirement), for the words from “the offender” to the end substitute “—

(a)the offender was convicted of the offence before the day on
which section 150 of the Police, Crime, Sentencing and Courts
Act 2022 came into force, and

(b)5the offender was aged under 25 when convicted of the offence.”

(3)In section 291(3) (suspended sentence orders: availability of attendance centre
requirement), for the words from “the offender” to the end substitute “—

(a)the offender was convicted of the offence before the day on
which section 150 of the Police, Crime, Sentencing and Courts
10Act 2022 came into force, and

(b)the offender was aged under 25 when convicted of the offence.”

(4)In Schedule 9 (community orders and suspended sentence orders:
requirements), in the heading to Part 13, after “Attendance centre requirement”
insert “: offenders convicted before the day on which section 150 of the Police,
15Crime, Sentencing and Courts Act 2022 came into force”.

(5)Schedule 12 contains related amendments.

151 Special procedures relating to review and breach

Schedule 13 makes provision for, and in relation to, the powers of courts—

(a)to review community and suspended sentence orders, and

(b)20to commit an offender to custody for breach of a community or
suspended sentence order.

152 Drug testing requirement

Schedule 14 amends the Sentencing Code to make provision for a drug testing
requirement in community orders and suspended sentence orders.

25Unpaid work requirements

153 Duty to consult on unpaid work requirements

After section 10 of the Offender Management Act 2007 insert—

“10A Duty to consult on unpaid work requirements

(1)Each provider of probation services must, in each calendar year,
30consult the prescribed persons about the work to be performed by
persons who—

(a)are subject to unpaid work requirements, and

(b)are supervised by that provider.

(2)In this section “prescribed person” means a person, or a person of a
35description, prescribed by regulations made by the Secretary of State.

(3)In this section “unpaid work requirement” means an unpaid work
requirement as defined by—

(a)paragraph 10(1) of Schedule 6 to the Sentencing Code (youth
rehabilitation orders),

(b)40paragraph 1(1) of Schedule 9 to the Sentencing Code
(community orders and suspended sentence orders), or

(c)paragraph 3A(1) of Schedule A1 to the Children Act 1989
(enforcement orders).

(4)For the purposes of this section a person is supervised by a provider of
probation services if an officer of that provider has functions relating to
5the person’s compliance with an unpaid work requirement.”

Chapter 3 Assaults on those providing a public service etc

154 Assaults on those providing a public service etc

In the Sentencing Act 2020, after section 68 insert—

“68A 10Assaults on those providing a public service etc

(1)This section applies where—

(a)a court is considering the seriousness of an offence listed in
subsection (3), and

(b)the offence is not aggravated under section 67(2).

(2)15If the offence was committed against a person providing a public
service, performing a public duty or providing services to the public,
the court—

(a)must treat that fact as an aggravating factor, and

(b)must state in open court that the offence is so aggravated.

(3)20The offences referred to in subsection (1) are—

(a)an offence of common assault or battery, except where section 1
of the Assaults on Emergency Workers (Offences) Act 2018
applies;

(b)an offence under any of the following provisions of the Offences
25against the Person Act 1861—

(i)section 16 (threats to kill);

(ii)section 18 (wounding with intent to cause grievous
bodily harm);

(iii)section 20 (malicious wounding);

(iv)30section 47 (assault occasioning actual bodily harm);

(c)an inchoate offence in relation to any of the preceding offences.

(4)In this section—

(a)a reference to providing services to the public includes a
reference to providing goods or facilities to the public;

(a)35a reference to the public includes a reference to a section of the
public.

(5)Nothing in this section prevents a court from treating the fact that an
offence was committed against a person providing a public service,
performing a public duty or providing services to the public as an
40aggravating factor in relation to offences not listed in subsection (3).

(6)This section has effect in relation to a person who is convicted of the
offence on or after the date on which section 154 of the Police, Crime,
Sentencing and Courts Act 2022 comes into force.”

Part 8 Youth justice

Youth remand

155 Youth remand

(1)5The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended
as follows.

(2)In section 91 (remands of children otherwise than on bail), after subsection (4)
insert—

“(4A)Before deciding whether to remand a child to youth detention
10accommodation in accordance with section 102 the court must consider
the interests and welfare of the child.”

(3)In section 98 (first set of conditions for a remand to youth detention
accommodation)—

(a)in subsection (1), after paragraph (a) insert—

“(aa)15the sentencing condition (see subsection (2A)),”;

(b)after subsection (2) insert—

“(2A)The sentencing condition is that it appears to the court that it is
very likely that the child will be sentenced to a custodial
sentence for the offence mentioned in section 91(1) or one or
20more of those offences.”;

(c)in subsection (4), at the end (after paragraph (b)) insert “, and that the
risks posed by the child cannot be managed safely in the community”.

(4)In section 99 (second set of conditions for a remand to youth detention
accommodation)—

(a)25in subsection (3), for “there is a real prospect” substitute “it is very
likely”;

(b)in subsection (5)(a)—

(i)after “recent” insert “and significant”;

(ii)after “remand” insert “, and it appears to the court that the
30history is relevant in all the circumstances of the case”;

in subsection (6)—

(i)after “recent” insert “and significant”;

(ii)after “remand” insert “, and this appears to the court relevant in
all the circumstances of the case”;

(d)35in subsection (7), at the end (after paragraph (b)) insert “, and that the
risks posed by the child cannot be managed safely in the community”.

(5)In section 100 (first set of conditions for a remand to youth detention
accommodation: extradition cases)—

(a)in subsection (1), after paragraph (a) insert—

“(aa)40the sentencing condition (see subsection (2A)),”;

(b)after subsection (2) insert—

“(2A)The sentencing condition is that it appears to the court that, if
the child were convicted in England and Wales of an offence

equivalent to the offence to which the extradition proceedings
relate or one or more of those offences, it is very likely that the
child would be sentenced to a custodial sentence for that offence
or those offences.”;

(c)5in subsection (4), at the end (after paragraph (b)) insert “, and that the
risks posed by the child cannot be managed safely in the community”.

(6)In section 101 (second set of conditions for a remand to youth detention
accommodation: extradition cases)—

(a)in subsection (3), for “there would be a real prospect” substitute “it is
10very likely”;

(b)in subsection (5)(a)—

(i)after “recent” insert “and significant”;

(ii)after “remand,” insert “and it appears to the court that the
history is relevant in all the circumstances of the case,”;

15in subsection (6)—

(i)after “recent” insert “and significant”;

(ii)after “remand” insert “, and this appears to the court relevant in
all the circumstances of the case”;

(d)in subsection (7), at the end (after paragraph (b)) insert “, and that the
20risks posed by the child cannot be managed safely in the community”.

(7)In section 102 (remands to youth detention accommodation)—

(a)in subsection (4), before paragraph (a) insert—

“(za)state in open court that it has considered subsections (3)
and (4A) of section 91,”;

(b)25in subsection (5), before paragraph (a) insert—

“(za)is given in writing to—

(i)the child,

(ii)any legal representative of the child, and

(iii)any youth offending team which appears to the
30court to have functions in relation to the child,”.

Detention and training orders

156 Discretion as to length of term

In section 236(1) of the Sentencing Code (term of detention and training order),
for “4, 6, 8, 10, 12, 18 or 24 months” substitute “at least 4 months but must not
35exceed 24 months”.

157 Consecutive detention and training order and sentence of detention: effect of
early release decision

(1)In section 237 of the Sentencing Code (making of detention and training order
where offender subject to other order or sentence of detention), omit
40subsection (5).

(2)In section 241 of that Code (period of detention and training), after subsection
(5) insert—

“Consecutive detention and training order and sentence of detention

(5A)Where the offender is also subject to a sentence of any of the following
kinds that is to take effect, by virtue of an order to which subsection (7)
applies, when the offender would otherwise be released for
supervision—

(a)5a sentence of detention under section 250 or 252A,

(b)a sentence of detention under section 209 or 224A of the Armed
Forces Act 2006, or

(c)an extended sentence of detention under section 254 (including
one passed as a result of section 221A of the Armed Forces Act
102006),

subsection (4) is to be read as if, instead of conferring a power to release
the offender, it conferred a power to determine that the Secretary of
State would, but for the sentence concerned, have released the
offender.”

(3)15In section 264AA of the Criminal Justice Act 2003 (consecutive terms: detention
and training orders), after subsection (1) insert—

“(1A)In a case where the detention and training order was made on or after
the day on which section 157 of the Police, Crime, Sentencing and
Courts Act 2022 came into force, section 246(1)(a) is to be read as if,
20instead of conferring a power to release the offender, it conferred a
power to determine that the Secretary of State would, but for the
detention and training order, have directed the offender’s release
under that section.”

158 Detention and training orders: time to count as served

25Schedule 15 makes provision in relation to the treatment of time spent
remanded in custody or on bail as time served in relation to detention and
training orders.

Youth rehabilitation orders

159 Youth rehabilitation orders

(1)30Schedule 16 contains amendments to provisions of the Criminal Justice and
Immigration Act 2008 and the Sentencing Act 2020 which relate to youth
rehabilitation orders.

(2)In the following provisions of this section, “the relevant YRO provisions”
means—

(a)35Parts 2 and 3 of Schedule 16, and

(b)subsection (1) of this section so far as relating to those Parts.

(3)Regulations under section 209(1) which bring any of the relevant YRO
provisions into force only for a specified purpose or in relation to a specified
area may—

(a)40provide for that provision to be in force for that purpose or in relation
to that area for a specified period, and

(b)make transitional or saving provision in connection with that provision
ceasing to be in force at the end of the specified period.

(4)Regulations containing provision by virtue of subsection (3)(a) may be
45amended by subsequent regulations under section 209(1) so as to continue any

of the relevant YRO provisions in force for the specified purpose or in relation
to the specified area for a further specified period.

(5)Accordingly, the reference to section 419(1) of the Sentencing Act 2020, as
applied by section 207, to the coming into force of an amendment is to be read
5as including a reference to the continuing in force of an amendment by reason
of subsection (4).

(6)In subsections (3) and (4), “specified” means specified in regulations under
section 209(1).

(7)Subsection (8) applies if—

(a)10the Secretary of State has made regulations under section 209(1) which
make provision permitted by subsection (3), and

(b)the Secretary of State subsequently makes regulations under section
209(1) which bring any of the relevant YRO provisions into force
without making provision permitted by subsection (3).

(8)15The regulations mentioned in subsection (7)(b) may—

(a)provide that those provisions are to come into force with the
amendments specified in the regulations;

(b)make amendments to the Criminal Justice and Immigration Act 2008 or
the Sentencing Act 2020 in consequence of the amendments made by
20paragraph (a).

(9)A statutory instrument containing regulations under section 209(1) which
make provision permitted by subsection (8) (whether alone or with other
provision) may not be made unless a draft of the instrument has been laid
before and approved by a resolution of each House of Parliament.

25Abolition of reparation orders

160 Abolition of reparation orders

In section 110(1) of the Sentencing Code (availability of reparation order),
before paragraph (a) insert—

( )“the offender is convicted of the offence before the day on which
30section 160 of the Police, Crime, Sentencing and Courts Act 2022
comes into force,”.

Part 9 Secure children's homes and secure 16 to 19 Academies

161 Temporary release from secure children’s homes

(1)35This section applies to a person who is detained in a secure children’s home in
pursuance of—

(a)a sentence of detention,

(b)a detention and training order or a further detention order,

(c)a detention order under Schedule 5A to the Policing and Crime Act
402009 (breach of gang injunction), or

(d)a detention order under Schedule 2 to the Anti-social Behaviour, Crime
and Policing Act 2014 (breach of anti-social behaviour injunction).