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

continued    Part 3 continued    

 (prohibition of cross-examination in person: victims of offences), in
subsection (5), in paragraph (a) of the definition of “caution”, for sub-
paragraph (i) substitute—

“(i)a diversionary caution or community caution given
5under Part 6 of the Police, Crime, Sentencing and
Courts Act 2022,

(ia)a caution given under section 22 of the Criminal
Justice Act 2003 (conditional cautions) in respect of an
offence committed before the coming into force of
10section 117 of the Police, Crime, Sentencing and
Courts Act 2022,”.

Police Act 1997 (c. 50)

9The Police Act 1997 is amended as follows.

10(1)Section 112 (criminal conviction certificates) is amended as follows.

(2)15In subsection (2), in paragraphs (a) and (b), for “conditional” substitute
“relevant”.

(3)In subsection (3)—

(a)in the definition of “central records” for “conditional” substitute
“relevant”;

(b)20omit the definition of “conditional caution”;

(c)at the end insert—

• ““relevant caution” means—

  (a)

  a diversionary caution given under Part 6 of
  the Police, Crime, Sentencing and Courts Act
  252022,

  (b)

  a caution given under section 22 of the
  Criminal Justice Act 2003 (conditional
  cautions) in respect of an offence committed
  before the coming into force of section 117 of
  30the Police, Crime, Sentencing and Courts Act
  2022, or

  (c)

  a caution given under section 66A of the
  Crime and Disorder Act 1998,

  other than one that is spent for the purposes of
  35Schedule 2 to the Rehabilitation of Offenders Act
  1974;”.

11(1)Section 116A (up-dating certificates) is amended as follows.

(2)In subsection (10), in paragraph (a), for “conditional cautions” substitute
“relevant cautions”.

(3)40In subsection (11), after the definition of “exempted question” insert—

• ““relevant caution” has the same meaning as in section 112;”.

Police and Criminal Evidence Act 1984 (c. 60)

12The Police and Criminal Evidence Act 1984 is amended as follows.

13In section 34 (limitation on police detention), in subsection (5E)—

(a)for “includes” substitute “means”;

(b)for paragraph (a) substitute—

“(a)a diversionary or community caution under Part 6 of
the Police, Crime, Sentencing and Courts Act 2022;”.

145In section 37B (consultation with DPP), in subsection (7), for “section 17 of
the Criminal Justice and Courts Act 2015” substitute “any restriction on the
giving of the caution under Part 6 of the Police, Crime, Sentencing and
Courts Act 2022”.

15In section 60B (notification of decision not to prosecute person interviewed),
10in subsection (4)—

(a)for “includes” substitute “means”;

(b)for paragraph (a) substitute—

“(a)a diversionary or community caution under Part 6 of
the Police, Crime, Sentencing and Courts Act 2022;”.

1615In section 63B (testing for presence of Class A drugs), in subsection (7)(aa),
for “conditional caution under Part 3 of the Criminal Justice Act 2003”
substitute “diversionary caution under Part 6 of the Police, Crime,
Sentencing and Courts Act 2022”.

17Omit section 63L (which relates to persons given a penalty notice).

1820In section 64A (photographing of suspects), in subsection (1B)—

(a)after paragraph (ca) insert—

“(cb)given a diversionary or community caution under
Part 6 of the Police, Crime, Sentencing and Courts
Act 2022;”;

19Paragraphs 13 to 18 do not affect the operation of the Police and Criminal
Evidence Act 1984 in relation to conditional cautions given under Part 3 of
30the Criminal Justice Act 2003, or penalty notices given under section 2 of the
Criminal Justice and Police Act 2001, in relation to offences committed
before the day on which section 117(2) and (3) come into force.

Crime and Disorder Act 1998 (c. 37)

20The Crime and Disorder Act 1998 is amended as follows.

2135In section 66E (failure to comply with conditions), for subsections (4) and (5)
substitute—

“(4)If a constable has reasonable grounds for believing that the offender
has failed without reasonable excuse to comply with any of the
conditions attached to a youth conditional caution, the constable
40may arrest the offender without warrant.

(5)Sections 105(2) to (10) and 106 of the Police, Crime, Sentencing and
Courts Act 2022 apply in relation to a person arrested under
subsection (4) above.”

22In section 66G (code of practice), in subsection (2)—

(a)in paragraph (j), for the words from “conferred by” to the end
substitute “under section 66E(4)”;

(b)in paragraph (k), for “section 24A(2) of that Act” substitute “section
105(2) and (3) of the Police, Crime, Sentencing and Courts Act 2022”.

5Police Reform Act 2002 (c. 30)

23The Police Reform Act 2002 is amended as follows.

24In section 43 (railways safety accreditation scheme)—

(a)in subsection (6), omit “Subject to subsection (7)”;

(b)omit subsection (7).

2510In Schedule 5 (powers exercisable by accredited persons), omit the
following—

(a)paragraph 1(2)(aa) and (2A);

(b)paragraph 4 and the preceding italic heading;

(c)paragraph 9A and the preceding italic heading.

2615Omit Schedule 5A (powers exercisable by accredited inspectors).

Licensing Act 2003 (c. 17)

27In section 147A of the Licensing Act 2003 (persistently selling alcohol to
children), in subsection (7), omit paragraph (c) and the preceding “or”.

Courts Act 2003 (c. 39)

2820The Courts Act 2003 is amended as follows.

29In section 85EA (prohibition of cross-examination in person: victims of
offences), in subsection (5), in paragraph (a) of the definition of “caution”, for
sub-paragraph (i) substitute—

“(i)a diversionary caution or community caution given
25under Part 6 of the Police, Crime, Sentencing and
Courts Act 2022,

(ia)a caution given under section 22 of the Criminal
Justice Act 2003 (conditional cautions) in respect of an
offence committed before the coming into force of
30section 117 of the Police, Crime, Sentencing and
Courts Act 2022,”.

30In Schedule 5 (collection of fines), in paragraph 3(1)(b), for sub-paragraph
(ii) substitute—

“(ii)section 111 of the Police, Crime, Sentencing and
35Courts Act 2022, or”.

Criminal Justice Act 2003 (c. 44)

31In section 330 of the Criminal Justice Act 2003 (orders and rules), in
subsection (5)—

(a)in paragraph (a), omit “section 25(5)”;

(b)40omit paragraph (aa).

Offender Management Act 2007 (c. 21)

32(1)Section 1 of the Offender Management Act 2007 (meaning of “the probation
purposes”) is amended as follows.

(2)In subsection (1)—

(a)5in paragraph (b)—

(i)for “conditional cautions”, in the first place, substitute
“diversionary or community cautions”;

(ii)for “conditional cautions”, in the second place, substitute
“them”;

10in paragraph (e), for “conditional cautions” substitute “diversionary
or community cautions”.

In subsection (4), omit the definition of “conditional caution”.

(4)In subsection (5), for “conditional cautions” substitute “diversionary or
community cautions”.

15Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)

33The Anti-social Behaviour, Crime and Policing Act 2014 is amended as
follows.

34In section 101 (community remedy document), in subsection (9), in the
definition of “out of court disposal process”, for “conditional caution”
20substitute “diversionary caution, community caution”.

35(1)Section 102 (out-of-court disposals) is amended as follows.

(2)In subsection (2)—

(a)after paragraph (b) insert—

“(ba)a person authorised by a prosecution authority under
25section 97(7) of the Police, Crime, Sentencing and
Courts Act 2022 for purposes relating to diversionary
or community cautions;”;

(b)in paragraph (c), omit “section 22 of the Criminal Justice Act 2003
(conditional cautions) or”.

(3)30In subsection (6)—

(a)in the definition of “caution”, for the words from “includes” to “2003”
substitute “means a diversionary or community caution given under
Part 6 of the Police, Crime, Sentencing and Courts Act 2022”;

(b)for the definition of “investigating officer” and “relevant prosecutor”
35substitute—

• ““investigating officer” has the meaning given by
  section 120 of the Police, Crime, Sentencing and
  Courts Act 2022;

• “relevant prosecutor” has the meaning given by section
  4066H of the Crime and Disorder Act 1998;”.

36Paragraphs 34 and 35 do not affect the operation of sections 101 and 102 of
the Anti-social Behaviour, Crime and Policing Act 2014 in relation to
conditional cautions given under Part 3 of the Criminal Justice Act 2003 in
respect of offences committed before the day on which section 117(2) comes
45into force.

Criminal Justice and Courts Act 2015 (c. 2)

37In the Criminal Justice and Courts Act 2015, omit sections 17 and 18
(restrictions on use of cautions).

Other consequential repeals

38(1)5Omit the following (which make amendments to Part 3 of the Criminal
Justice Act 2003, which is repealed by section 117(2) above)—

(a)paragraph 129 of Schedule 4 to the Commissioners for Revenue and
Customs Act 2005;

(b)sections 17 and 18 of the Police and Justice Act 2006;

(c)10paragraphs 60 to 62 of Schedule 26 to the Criminal Justice and
Immigration Act 2008;

(d)sections 133 and 134 of the Legal Aid, Sentencing and Punishment of
Offenders Act 2012;

(e)section 103(1) of the Anti-social Behaviour, Crime and Policing Act
152014;

(f)sections 60, 64(8) and 66(10) of, and paragraph 16(2) of Schedule 12
to, the Policing and Crime Act 2017;

(g)paragraphs 14 to 16 and 23 of Schedule 4 to this Act.

(2)Sub-paragraph (1) does not affect the continuing operation of the repealed
20provisions in relation to cautions given under Part 3 of the Criminal Justice
Act 2003 in respect of offences committed before the day on which section
117(2) comes into force.

39(1)Omit the following (which make amendments to Chapter 1 of Part 1 of the
Criminal Justice and Police Act 2001, which is repealed by section 117(3)
25above)—

(a)section 15 of the Domestic Violence, Crime and Victims Act 2004;

(b)section 132 of, and Schedule 23 to, the Legal Aid, Sentencing and
Punishment of Offenders Act 2012.

(2)Sub-paragraph (1) does not affect the continuing operation of the repealed
30provisions in relation to penalty notices given under Chapter 1 of Part 1 of
the Criminal Justice and Police Act 2001 in respect of offences committed
before the day on which section 117(3) comes into force.

Section 123

Schedule 11 Minimum sentences for particular offences: consequential amendments

35Mental Health Act 1983 (c. 20)

1In section 37 of the Mental Health Act 1983 (power to order hospital
admission or guardianship), in subsection (1B)(d), for “312(2), 313(2), 314(2)
or 315(2)” substitute “312(2A), 313(2A), 314(2A) or 315(2A)”.

Armed Forces Act 2006 (c. 52)

240The Armed Forces Act 2006 is amended as follows.

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 150

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 2022 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 151

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 are to be made by the Secretary of
State.

(6)Regulations under this section are subject to—

(a)the negative resolution procedure, where under subsection
(1)(b) the regulations specify a period, and

(b)40the affirmative resolution procedure, in any other case.”

Review of community orders

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

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

(3)5After that subsection insert—

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

4In section 217 (power to provide for court review of community orders),
after subsection (2) insert—

“(2A)10Regulations under this section may not make provision in respect of
community orders which for the purposes of section 217A qualify for
special procedures.”

5After section 217 insert—

“217A Review of community order qualifying for special procedures

(1)15A community order that—

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

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

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

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

(a)specify the intervals at which the order is to be reviewed,

(b)provide for each review to be made, subject to section 217B,
25at 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
services on the offender’s progress in complying with the
30community order 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 community
order, means the court by which the order is made.

(4)35For more about community orders that qualify for special
procedures, see section 395A.

217B Powers on review

(1)This section applies where a review hearing is held on a review of a
community order by virtue of section 217A.

(2)40The 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
requirements.