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

continued    Part 1 continued    

(4)In subsection (9)(b), omit the words from “and, in paragraph (b)” to the end.

4In section 242 (interpretation), at the end insert—

“(3)In sections 240ZA and 240A, “detention and training order” has the
meaning given by section 233 of the Sentencing Code.”

5Sentencing Act 2020 (c. 17)

5The Sentencing Act 2020 is amended as follows.

6Omit sections 239 and 240 (effect on term of detention and training order of
period on remand etc).

7In section 244 (offender subject concurrently to detention and training order
10and sentence of detention in a young offender institution), in subsection
(2)(c), at the beginning insert “with the exception of sections 240ZA and
240A,”.

8In section 245 (offender subject concurrently to detention and training order
and other sentence of detention), in subsection (2)(c), at the beginning insert
15“with the exception of sections 240ZA and 240A,”.

9In section 325 (time on bail under certain conditions: declaration by court),
in subsection (5)—

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

(b)at the end of paragraph (c) insert “, or

(d)20makes a detention and training order.”

10In section 327 (period in custody awaiting extradition: declaration by court),
in subsection (2)—

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

(b)at the end of paragraph (c) insert “, or

(d)25a detention and training order.”

In Schedule 27 (transitional provision), omit paragraph 14 (and the italic
heading above it).

Other enactments

12In Schedule 2 to the Criminal Appeal Act 1968 (procedural and other
30provisions applicable on order for retrial), in paragraph 2(4), for “and
detention” substitute “or detention and detention and training orders”.

13In Schedule 7 to the International Criminal Court Act 2001 (domestic
provisions not applicable to ICC prisoners), in paragraph 2(1)(d), for “and
detention” substitute “or detention and detention and training orders”.

35Part 2 Detention and training orders made under Armed Forces Act 2006

14The Armed Forces Act 2006 is amended as follows.

15In section 213 (application of provisions relating to civilian detention and
training orders)—

(a)in subsection (2)(a), for “sections 237 to 240” substitute “sections 237
and 238”;

(b)omit subsection (3).

16After section 213 insert—

“213A 5 Period in service custody: effect on term of detention and training
order

(1)Subsection (2) applies where—

(a)the Court Martial or the Service Civilian Court proposes to
make an order under section 211 in respect of an offence, and

(b)10the offender has been kept in service custody in connection
with the offence or any other offence the charge for which
was founded on the same facts or evidence.

(2)In determining the term of the order under section 211, the court
must take account of the period for which the offender was kept in
15service custody.

(3)If the court proposes to make two or more orders under section 211
in respect of two or more offences—

(a)subsection (2) does not apply, but

(b)in determining the total term of those orders, the court must
20take account of the total period for which the offender has
been kept in service custody in connection with—

(i)any of those offences, or

(ii)any other offence the charge for which was founded
on the same facts or evidence.

(4)25A period of service custody may be taken account of under this
section only once.

213B Period of custody awaiting extradition: effect on term of detention
and training order

(1)This section applies where—

(a)30the Court Martial or the Service Civilian Court proposes to
make an order under section 211 in respect of an offence,

(b)the offender was tried for the offence, or is to be sentenced—

(i)after having been extradited to the United Kingdom,
and

(ii)35without having first been restored or had an
opportunity of leaving the United Kingdom, and

(c)the offender was kept in custody for any period while
awaiting extradition to the United Kingdom.

(2)The court must—

(a)40specify in open court the number of days for which the
offender was kept in custody while awaiting extradition, and

(b)take account of those days in determining the term of the
order.”

Section 159

Schedule 16 Youth rehabilitation orders

Part 1 Electronic monitoring: general requirements

15In Part 17 of Schedule 6 to the Sentencing Code (electronic monitoring
requirement) after paragraph 43 insert—

“Electronic monitoring: general

43AWhere a youth rehabilitation order made on or after the day on
which paragraph 1 of Schedule 16 to the Police, Crime, Sentencing
10and Courts Act 2022 came into force imposes an electronic
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)being fitted with, or installation of, any necessary
15apparatus, 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)20take any steps required by the responsible officer, or the
person responsible for the monitoring, for the purpose of
keeping in working order any apparatus fitted or installed
for the purposes of the monitoring.”

Part 2 25Electronic whereabouts monitoring requirements

Criminal Justice and Immigration Act 2008 (c. 4)

2(1)Section 39 of the Criminal Justice and Immigration Act 2008 (youth default
orders) is amended as follows.

(2)In subsection (4)(a), for “electronic monitoring requirement” substitute
30“electronic compliance monitoring requirement”.

(3)In subsection (6)—

(a)in paragraph (a), after “198(3) to (5),” insert “198A,”,

(b)in paragraph (b), for “, 7 and 17” substitute “and 7”, and

(c)after that paragraph insert—

“(ba)35Part 17 of that Schedule (electronic monitoring
requirements), so far as it applies to electronic
compliance monitoring requirements,”.

Sentencing Code

3The Sentencing Code is amended as follows.

4(1)40Section 174 (youth rehabilitation requirements table) is amended as follows.

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

(3)In that subsection, in the table—

(a)in the entry relating to electronic monitoring requirements, for
“electronic monitoring requirement” substitute “electronic
5compliance monitoring requirement”, and

(b)after that entry insert—

(4)After that subsection insert—

“(2)10See section 198A for provision about an electronic monitoring
requirement imposed by a youth rehabilitation order made in
respect of an offence of which the offender was convicted before the
day on which paragraph 4 of Schedule 16 to the Police, Crime,
Sentencing and Courts Act 2022 first came into force to any extent
15(ignoring, for these purposes, the coming into force of Part 2 of that
Schedule for the purposes of making regulations).”

5In section 175(1)(c) (meaning of youth rehabilitation order with intensive
supervision and surveillance), for “electronic monitoring requirement”
substitute “electronic compliance monitoring requirement”.

6(1)20Section 185 (youth rehabilitation order: availability of particular
requirements) is amended as follows.

(2)In the italic heading before subsection (4), for “requirement” substitute
“requirements”.

(3)In subsection (4), for “electronic monitoring requirement” substitute
25“electronic compliance monitoring requirement”.

(4)After subsection (4) insert—

“(5)An electronic whereabouts monitoring requirement is not available
for a youth rehabilitation order in respect of an offence unless the
offender was convicted of the offence on or after the day on which
30paragraph 6 of Schedule 16 to the Police, Crime, Sentencing and
Courts Act 2022 first came into force to any extent (ignoring, for these
purposes, the coming into force of Part 2 of that Schedule for the
purposes of making regulations).”

7In section 190 (provision of copies of youth rehabilitation order and related
35documents), in the table in subsection (3)—

(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—

8After section 198 insert—

“198A 5Electronic monitoring requirement previously imposed

(1)This section applies where an electronic monitoring requirement
was imposed by a youth rehabilitation order in respect of an offence
of which the offender was convicted before the day on which
paragraph 4 of Schedule 16 to the Police, Crime, Sentencing and
10Courts Act 2022 first came into force to any extent (ignoring, for these
purposes, the coming into force of Part 2 of that Schedule for the
purposes of making regulations).

(2)In this section “electronic monitoring requirement” has the meaning
given by paragraph 41 of Schedule 6 as it had effect before the day
15mentioned in subsection (1).

(3)The electronic monitoring requirement is not affected by the
renaming of electronic monitoring requirements as electronic
compliance monitoring requirements by that Act.

(4)This Chapter applies in relation to the youth rehabilitation order as
20if any reference to an electronic compliance monitoring requirement
were to an electronic monitoring requirement.”

9In section 395 (data from electronic monitoring: code of practice), after
“electronic monitoring of offenders under” insert “—

(a)electronic compliance monitoring requirements and
25electronic whereabouts monitoring requirements imposed
by youth rehabilitation orders, and

(b)”.

10In paragraph 19(3) of Schedule 6 (requirements where court imposes curfew
requirement), for “electronic monitoring requirement” substitute “electronic
30compliance monitoring requirement”.

11In paragraph 21 of Schedule 6 (requirements where court imposes exclusion
requirement), for “electronic monitoring requirement” substitute “electronic
compliance monitoring requirement”.

12(1)Part 17 of Schedule 6 (electronic monitoring) is amended as follows.

(2)35In the Part heading, omit “requirement”.

(3)For the italic heading before paragraph 41 substitute “Electronic compliance
monitoring requirement”.

(4)In paragraph 41, for “electronic monitoring requirement” substitute
“electronic compliance monitoring requirement”.

(5)40In the italic heading before paragraph 42, at the end insert “: electronic
compliance monitoring requirement”.

(6)In paragraph 42(1), for “electronic monitoring requirement” substitute
“electronic compliance monitoring requirement”.

(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 2022 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 2022 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 2022 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 2022 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 2022 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).