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

continued    Part 1 continued    

(3)But the court—

(a)may not amend the community order requirements of the
order so as to impose a requirement of a different kind unless
the offender expresses willingness to comply with that
5requirement,

(b)may not amend—

(i)a mental health treatment requirement,

(ii)a drug rehabilitation requirement, or

(iii)an alcohol treatment requirement,

10unless the offender expresses willingness to comply with the
requirement as amended, and

(c)except with the consent of the offender, may not amend the
order while an appeal against the order is pending.

(4)For the purposes of subsection (3)(a)—

(a)15a community order requirement of a kind within any entry in
the table in section 201 is of the same kind as any other
community requirement within that entry, and

(b)an electronic compliance monitoring requirement is a
requirement of the same kind as any requirement within that
20table to which it relates.

(5)If the court is of the opinion that the offender has without reasonable
excuse breached a community order requirement of the order, the
court may adjourn the hearing so that the court can deal with the case
forthwith under paragraph 10 or 11 of Schedule 10 (powers of court
25to deal with offender on breach of requirement).

(6)For some powers available where the court is of the opinion referred
to in subsection (5) but does not deal with the case forthwith, see
paragraph 9A of Schedule 10.

(7)In this section—

• 30“review hearing”, and

• “progress report”,

have the same meanings as in section 217A.

217C Alteration of review arrangements

(1)Subsections (2) and (3) apply where a court—

(a)35considers the progress report relating to a review under
section 217A (the “current review”), and

(b)forms the opinion that the offender’s progress in complying
with the community order requirements of the community
order is satisfactory.

(2)40If the court forms that opinion before a review hearing is held at the
current review—

(a)it may order that no review hearing is to be held at the current
review, and

(b)it may amend the community order so as to provide for each
45subsequent review to be held without a review hearing.

(3)If a review hearing is held at the current review, the court may at the
hearing amend the community order so as to provide for each
subsequent review to be held without a review hearing.

(4)If at a review held without a review hearing the court—

(a)5considers the progress report, and

(b)forms the opinion that the offender’s progress under the
order is no longer satisfactory,

it may require the offender to attend a hearing of the court at a
specified time and place.

(5)10At a review hearing the court may amend the community order so as
to vary the intervals specified under section 217A(2)(a).

(6)The functions of a court under this section that are exercisable in
relation to a review without a hearing are to be exercised—

(a)where the court is the Crown Court, by a judge of the court,
15and

(b)where the court is a magistrates’ court, by a justice of the
peace.

(7)In this section—

• “review hearing”, and

• 20“progress report”,

have the same meanings as in section 217A.”

Review of suspended sentence orders

6In section 293 (review of suspended sentence orders), at the end insert—

“(7)Nothing in this section applies in relation to suspended sentence
25orders which qualify for special procedures for the purposes of
section 293A.”

7After section 293 insert—

“293A Review of suspended sentence order qualifying for special
procedures

(1)30A suspended sentence order that—

(a)imposes one or more community requirements, and

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

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

(2)Where a suspended sentence 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 294, at
40a 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

community 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 suspended
sentence order, means the court by which the order is made.

(4)5For more about suspended sentence orders that qualify for special
procedures, see section 395A.”

8(1)Section 294 (review hearings) is amended as follows.

(2)In subsection (1), after “293” insert “or 293A”.

(3)In subsection (5), after “the case” insert “forthwith”.

(4)10After subsection (5) insert—

“(5A)For some powers available where the court is of the opinion referred
to in subsection (5) but does not deal with the case forthwith, see
paragraph 9A of Schedule 16.”

(5)In subsection (6), after “293(2)” insert “(or, as the case may be, section
15293A(2))”.

9(1)Section 295 (alteration of review arrangements) is amended as follows.

(2)In subsection (1), after “a review” insert “under section 293 or 293A”.

(3)In subsection (5), after “293(2)(a)” insert “or 293A(2)(a)”.

(4)In subsection (7), after “293(2)” insert “(or, as the case may be, section
20293A(2))”.

10(1)Section 297 (power to direct magistrates’ court supervision) is amended as
follows.

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

(3)After that subsection insert—

“(2)25Subsection (1) does not apply to a suspended sentence order that
qualifies for special procedures for the purposes of section 293A.”

Review of drug rehabilitation requirements

11In Schedule 9 (community orders and suspended sentence orders:
community requirements), in paragraph 21 (review of drug rehabilitation
30requirements), at the end insert—

“(7)Nothing in this paragraph or paragraph 22 applies in relation to—

(a)a community order that qualifies for special procedures for
the purposes of section 217A, or

(b)a suspended sentence order that qualifies for special
35procedures for the purposes of section 293A.”

Breach of community order: power to commit to custody

12(1)Schedule 10 (breach etc of community order) is amended as follows.

(2)In paragraph 1 (interpretation), in the definition of “appropriate court” in
sub-paragraph (1)—

(a)after paragraph (a) insert—

“(aa)if the community order qualifies for special
procedures for the purposes of section 217A, the
court that made the order;”;

(b)5in paragraph (b), after the second “order” insert “and does not fall
within paragraph (aa)”.

(3)In paragraph 8 (issue of summons or warrant by justice of the peace), in sub-
paragraph (3)—

(a)in paragraph (a), omit the final “or”;

(b)10after paragraph (a) insert—

“(aa)in the case of a community order that qualifies for
special procedures for the purposes of section
217A, before the court that made the order, or”.

(4)After paragraph 9 insert—

15“Issue of summons or warrant after review hearing

9A(1)This paragraph applies where—

(a)a community order is in force,

(b)on a review hearing under section 217B a magistrates’
court or the Crown Court (“the court”) is of the opinion
20that the offender has without reasonable excuse breached
a community order requirement of the order, and

(c)the court does not deal with the case forthwith by virtue of
section 217B(5).

(2)The court may at any time—

(a)25issue a summons requiring the offender to appear at the
place 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
30it.

(4)Where—

(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.”

(5)35In paragraph 10—

(a)in sub-paragraph (1), after “paragraph 8” insert “or 9A or by virtue
of section 217B(5)”;

(b)in sub-paragraph (5), after paragraph (b) insert—

“(ba)if the community order qualifies for special
40procedures for the purposes of this paragraph, by
ordering the offender to be committed to prison for
such period not exceeding 28 days as the court
considers appropriate (but see also paragraph
13A);”.

(6)45In paragraph 11—

(a)in sub-paragraph (1)(a)—

(i)after “paragraph 9” insert “or 9A”;

(ii)after “10(3)” insert “or section 217B(5)”;

(b)in sub-paragraph (2), after paragraph (b) insert—

“(ba)if the community order qualifies for special
5procedures for the purposes of this paragraph, by
ordering 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)10After paragraph 13 insert—

“Power under paragraphs 10 and 11 to commit to prison: further provision

13A(1)In the case of a person under the age of 21—

(a)an order under paragraph 10(5)(ba) or 11(2)(ba) must be
for committal to a young offender institution instead of to
15prison, but

(b)the Secretary of State may from time to time direct that a
person committed to a young offender institution by such
an order is to be detained in a prison or remand centre
instead.

(2)20A person committed to prison or a young offender institution by
an order under paragraph 10(5)(ba) or 11(2)(ba) is to be regarded
as being in legal custody.

(3)No more than three orders under paragraph 10(5)(ba) or 11(2)(ba)
may be made in relation to the same community order.”

(8)25In paragraph 14 (revocation etc of community order subject to magistrates’
court supervision), in sub-paragraph (2)—

(a)in paragraph (a), omit the final “and”;

(b)after paragraph (a) insert—

“(aa)if the community order qualifies for special
30procedures for the purposes of section 217A, the
court that made the order, and”.

Breach of suspended sentence order: power to commit to custody

13(1)Schedule 16 (breach etc of suspended sentence order) is amended as follows.

(2)In paragraph 4—

(a)35in sub-paragraph (1)(a), after “293(1)” insert “or 293A(1)”;

(b)in sub-paragraph (2)(a), after “293(4)” insert “or 293A(3)”.

(3)After paragraph 9 insert—

“Issue of summons or warrant after review hearing in special procedure cases

9A(1)This paragraph applies where—

(a)40a suspended sentence order is subject to review in
accordance with section 293A(1),

(b)on a review hearing under section 294(5) a magistrates’
court or the Crown Court (“the court”) is of the opinion

that the offender has without reasonable excuse breached
a community requirement of the order, and

(c)the court does not deal with the case forthwith under
section 294(5).

(2)5The court may at any time—

(a)issue a summons requiring the offender to appear at the
place 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
10the offender to appear or be brought before the court which issued
it.

(4)Where—

(a)a summons is issued under this paragraph, and

(b)the offender does not appear in answer to the summons,

15the 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)In 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
20special procedures for the purposes of this paragraph, the
court is dealing with the case by virtue of paragraph 10 or
12(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
25appropriate (but see also paragraph 13A);”.

(7)In paragraph 14 (duty to make activation order where not unjust), in sub-
paragraph (2)—

(a)in paragraph (a), omit the final “and”;

(b)after paragraph (b) insert “, and

(c)30in a case where the suspended sentence order
qualifies for special procedures for the purposes of
paragraph 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
35making an order under paragraph 13(1)(da).”

(8)After paragraph 16 insert—

“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
40to a young offender institution instead of to prison, but

(b)the Secretary of State may from time to time direct that a
person 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
legal custody.

(3)No more than three orders under paragraph 13(1)(da) may be
5made in relation to the same suspended sentence order.”

Part 2 Prospective amendments

Prospective amendments relating to abolition of detention in a young offender institution

14(1)Schedule 22 of the Sentencing Act 2020 (prospective amendments) is
10amended 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-
paragraph (i) insert—

“(ia)the order does not qualify for special
15procedures for the purposes of paragraph
(ba);”;

(b)in sub-paragraph (3)(a), in the inserted paragraph (d), before sub-
paragraph (i) insert—

“(ai)the community order does not qualify for
20special procedures for the purposes of
paragraph (ba),”.

(3)After paragraph 75 insert—

“75AIn paragraph 13A of Schedule 10 (detention following breach of
community order)—

(a)25omit sub-paragraph (1);

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

(4)After paragraph 78 insert—

“78AIn paragraph 16A of Schedule 16 (detention following breach of
30suspended sentence order)—

(a)omit sub-paragraph (1);

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

Section 152

Schedule 14 35Community and suspended sentence orders: drug testing requirement

1The Sentencing Code is amended as follows.

2In section 201 (community order: community order requirements table),
after 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)5A drug testing requirement is not an available requirement if the
offender was convicted of the offence before the day on which
section 152 of the Police, Crime, Sentencing and Courts Act 2022
came into force.”

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

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

15“Drug testing requirement

(3A)A drug testing requirement is not an available requirement if the
offender was convicted of the offence before the day on which
section 152 of the Police, Crime, Sentencing and Courts Act 2022
came into force.”

620In Schedule 9 (community orders and suspended sentence orders:
requirements), after Part 10 insert—

“Part 10A Drug testing requirement

Requirement

22A(1)25In this Code, “drug testing requirement”, in relation to a relevant
order, 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
30given by the responsible officer.

(2)The 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
35the responsible officer;

(b)may 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)40is a power to give directions as to—

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

(5)In this paragraph and paragraph 22B—

• 10 “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
  2(1) of the Psychoactive Substances Act 2016.

Restrictions on imposing drug testing requirement

22B(1)15A court may not impose a drug testing requirement unless the
following conditions are met—

(a)the misuse condition, and

(b)the availability of arrangements condition.

(2)The misuse condition is that the court is satisfied that the
20offender’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)is likely to cause or contribute to the commission of further
offences by the offender.

(3)25The 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
offender’s home local justice area (and the notice has not been
withdrawn).”

Section 158

30Schedule 15 Detention and training orders: time to count as served

Part 1 Detention and training orders made under Sentencing Code

Criminal Justice Act 2003 (c. 44)

135The 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)In 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 2022 came into force,
5makes a detention and training order in respect of an
offender for an offence, and

(b)the 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
10offender, is to—

(a)a term of imprisonment being served by the offender as
mentioned in subsection (1)(a), or

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

(4)15In subsection (2), for “that purpose” substitute “the purposes of subsection
(1)(b) or (1A)(b)”.

(5)For 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
20partly concurrent if—

(a)the sentences were imposed on the same occasion, or

(b)where 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)25For the purposes of subsections (3) and (5), the sentences are to be
treated as a single sentence.”

3(1)Section 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
30and training orders”.

(3)After subsection (3ZA) insert—

“(3ZAA)Subsection (3ZB) also applies where—

(a)a court, on or after the day on which Schedule 15 to the Police,
Crime, Sentencing and Courts Act 2022 came into force,
35makes a detention and training order in respect of an
offender for an offence, and

(b)the court has made a declaration under section 325 of the
Sentencing Code specifying a credit period in relation to the
order.

(3ZAB)40In 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
mentioned in subsection (3ZA)(a), or

(b)a detention and training order made in respect of the offender
45as mentioned in subsection (3ZAA)(a).”