Crime and Disorder Bill [H.L.]

Crime and Disorder Bill [H.L.] - continued	House of Commons

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PART IV

DEALING WITH OFFENDERS

CHAPTER I

ENGLAND AND WALES

Sexual or violent offenders

Sentences extended for licence purposes.

55. - (1) This section applies where a court which proposes to impose a custodial sentence for a sexual or violent offence considers that the period (if any) for which the offender would, apart from this section, be subject to a licence would not be adequate for the purpose of preventing the commission by him of further offences and securing his rehabilitation.

(2) Subject to subsections (3) to (5) below, the court may pass on the offender an extended sentence, that is to say, a custodial sentence the term of which is equal to the aggregate of-

(a) the term of the custodial sentence that the court would have imposed if it had passed a custodial sentence otherwise than under this section ("the custodial term"); and

(b) a further period ("the extension period") for which the offender is to be subject to a licence and which is of such length as the court considers necessary for the purpose mentioned in subsection (1) above.

(3) Where the offence is a violent offence, the court shall not pass an extended sentence the custodial term of which is less than four years.

(4) The extension period shall not exceed-

(a) ten years in the case of a sexual offence; and

(b) five years in the case of a violent offence.

(5) The term of an extended sentence passed in respect of an offence shall not exceed the maximum term permitted for that offence.

(6) Subsection (2) of section 2 of the 1991 Act (length of custodial sentences) shall apply as if the term of an extended sentence did not include the extension period.

(7) The Secretary of State may by order amend paragraph (b) of subsection (4) above by substituting a different period, not exceeding ten years, for the period for the time being specified in that paragraph.

(8) In this section-

"licence" means a licence under Part II of the 1991 Act;

"sexual offence" and "violent offence" have the same meanings as in Part I of that Act.

Effect of extended sentences.

56. For section 44 of the 1991 Act there shall be substituted the following section-

"Extended sentences for sexual or violent offenders.	44. - (1) This section applies to a prisoner serving an extended sentence within the meaning of section 55 of the Crime and Disorder Act 1998.
	(2) Subject to the provisions of this section, this Part, except sections 40 and 40A, shall have effect as if the term of the extended sentence did not include the extension period.
	(3) Where the prisoner is released on licence under this Part, the licence shall, subject to any revocation under section 39(1) or (2) above, remain in force until the end of the extension period.
	(4) Where, apart from this subsection, the prisoner would be released unconditionally-
	(a) he shall be released on licence; and
	(b) the licence shall, subject to any revocation under section 39(1) or (2) above, remain in force until the end of the extension period.
	(5) The extension period shall be taken to begin as follows-
	(a) for the purposes of subsection (3) above, on the date given by section 37(1) above;
	(b) for the purposes of subsection (4) above, on the date on which, apart from that subsection, the prisoner would have been released unconditionally.
	(6) Sections 33(3) and 33A(1) above and section 46 below shall not apply in relation to the prisoner.
	(7) For the purposes of-
	(a) sections 37(5) and 39(1) and (2) above; and
	(b) where the prisoner is recalled to prison under section 39(1) or (2) above, section 35(1) above,
	the question whether the prisoner is a long-term or short-term prisoner shall be determined by reference to the term of the extended sentence.
	(8) In this section "extension period" has the same meaning as in section 55 of the Crime and Disorder Act 1998."

Offenders dependent etc. on drugs

Drug treatment and testing orders.

57. - (1) This section applies where a person aged 16 or over is convicted of an offence other than one for which the sentence-

(a) is fixed by law; or

(b) falls to be imposed under section 2(2), 3(2) or 4(2) of the 1997 Act.

(2) Subject to the provisions of this section, the court by or before which the offender is convicted may make an order (a "drug treatment and testing order") which-

(a) has effect for a period specified in the order of not less than six months nor more than three years ("the treatment and testing period"); and

(b) includes the requirements and provisions mentioned in section 58 below.

(3) A court shall not make a drug treatment and testing order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area proposed to be specified in the order and the notice has not been withdrawn.

(4) A drug treatment and testing order shall be a community order for the purposes of Part I of the 1991 Act; and the provisions of that Part, which include provisions with respect to restrictions on imposing, and procedural requirements for, community sentences (sections 6 and 7), shall apply accordingly.

(5) The court shall not make a drug treatment and testing order in respect of the offender unless it is satisfied-

(a) that he is dependent on or has a propensity to misuse drugs; and

(b) that his dependency or propensity is such as requires and may be susceptible to treatment.

(6) For the purpose of ascertaining for the purposes of subsection (5) above whether the offender has any drug in his body, the court may by order require him to provide samples of such description as it may specify; but the court shall not make such an order unless the offender expresses his willingness to comply with its requirements.

(7) The Secretary of State may by order amend subsection (2) above by substituting a different period for the minimum or maximum period for the time being specified in that subsection.

Requirements and provisions to be included in orders.

58. - (1) A drug treatment and testing order shall include a requirement ("the treatment requirement") that the offender shall submit, during the whole of the treatment and testing period, to treatment by or under the direction of a specified person having the necessary qualifications or experience ("the treatment provider") with a view to the reduction or elimination of the offender's dependency on or propensity to misuse drugs.

(2) The required treatment for any period shall be-

(a) treatment as a resident in such institution or place as may be specified in the order; or

(b) treatment as a non-resident in or at such institution or place, and at such intervals, as may be so specified;

but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a) or (b) above.

(3) A court shall not make a drug treatment and testing order unless it is satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident).

(4) A drug treatment and testing order shall include a requirement ("the testing requirement") that, for the purpose of ascertaining whether he has any drug in his body during the treatment and testing period, the offender shall provide during that period, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the treatment provider, samples of such description as may be so determined.

(5) The testing requirement shall specify for each month the minimum number of occasions on which samples are to be provided.

(6) A drug treatment and testing order shall include a provision specifying the petty sessions area in which it appears to the court making the order that the offender resides or will reside.

(7) A drug treatment and testing order shall-

(a) provide that, for the treatment and testing period, the offender shall be under the supervision of a responsible officer, that is to say, a probation officer appointed for or assigned to the petty sessions area specified in the order;

(b) require the offender to keep in touch with the responsible officer in accordance with such instructions as he may from time to time be given by that officer, and to notify him of any change of address; and

(c) provide that the results of the tests carried out on the samples provided by the offender in pursuance of the testing requirement shall be communicated to the responsible officer.

(8) Supervision by the responsible officer shall be carried out to such extent only as may be necessary for the purpose of enabling him-

(a) to report on the offender's progress to the court by which the order is made;

(b) to report to that court any failure by the offender to comply with the requirements of the order; and

(c) to determine whether the circumstances are such that he should apply to that court for the revocation or amendment of the order.

Prepared 2 April 1998