Crime and Disorder Bill [H.L.]

Crime and Disorder Bill [H.L.] - continued	House of Commons
PART IV, DEALING WITH OFFENDERS - continued
Offenders dependent etc. on drugs - continued

back to previous text


Periodic reviews.	59. - (1) A drug treatment and testing order shall-
	(a) provide for the order to be reviewed periodically at intervals of not less than one month;
	(b) provide for each review of the order to be made, subject to subsection (7) below, at a hearing held for the purpose by the court making the order (a "review hearing");
	(c) require the offender to attend each review hearing;
	(d) provide for the responsible officer to make to the court, before each review, a report in writing on the offender's progress under the order; and
	(e) provide for each such report to include the test results communicated to the responsible officer under section 58(7)(c) above and the views of the treatment provider as to the treatment and testing of the offender.
	(2) At a review hearing the court, after considering the responsible officer's report, may amend any requirement or provision of the order.
	(3) The court-
	(a) shall not amend the treatment or testing requirement unless the offender expresses his willingness to comply with the requirement as amended;
	(b) shall not amend any provision of the order so as to reduce the treatment and testing period below the minimum specified in section 57(2) above, or to increase it above the maximum so specified; and
	(c) except with the consent of the offender, shall not amend any requirement or provision of the order while an appeal against the order is pending.
	(4) If the offender fails to express his willingness to comply with the treatment or testing requirement as proposed to be amended by the court, the court may-
	(a) revoke the order; and
	(b) deal with him, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence.
	(5) In dealing with the offender under subsection (4)(b) above, the court-
	(a) shall take into account the extent to which the offender has complied with the requirements of the order; and
	(b) may impose a custodial sentence notwithstanding anything in section 1(2) of the 1991 Act.
	(6) Where the order was made by a magistrates' court in the case of an offender under the age of 18 years in respect of an offence triable only on indictment in the case of an adult, the court's power under subsection (4)(b) above shall be a power to do one of the following, namely-
	(a) to impose a fine not exceeding £5,000 for the offence in respect of which the order was made; or
	(b) to deal with the offender for that offence in any way in which it could deal with him if it had just convicted him of an offence punishable with imprisonment for a term not exceeding six months;
	and the reference in paragraph (b) above to an offence punishable with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under any enactment on the imprisonment of young offenders.
	(7) If at a review hearing the court, after considering the responsible officer's report, is of the opinion that the offender's progress under the order is satisfactory, the court may so amend the order as to provide for each subsequent review to be made by the court without a hearing.
	(8) If at a review without a hearing the court, after considering the responsible officer's report, is of the opinion that the offender's progress under the order is no longer satisfactory, the court may require the offender to attend a hearing of the court at a specified time and place.
	(9) At that hearing the court, after considering that report, may-
	(a) exercise the powers conferred by this section as if the hearing were a review hearing; and
	(b) so amend the order as to provide for each subsequent review to be made at a review hearing.
	(10) In this section any reference to the court, in relation to a review without a hearing, shall be construed-
	(a) in the case of the Crown Court, as a reference to a judge of the court;
	(b) in the case of a magistrates' court, as a reference to a justice of the peace acting for the commission area for which the court acts.
Supplementary provisions as to orders.	60. - (1) Before making a drug treatment and testing order, a court shall explain to the offender in ordinary language-
	(a) the effect of the order and of the requirements proposed to be included in it;
	(b) the consequences which may follow (under Schedule 2 to the 1991 Act) if he fails to comply with any of those requirements;
	(c) that the order may be reviewed (under that Schedule) on the application either of the offender or of the responsible officer; and
	(d) that the order will be periodically reviewed at intervals as provided for in the order (by virtue of section 59 above);
	and the court shall not make the order unless the offender expresses his willingness to comply with its requirements.
	(2) The court by which a drug treatment and testing order is made, or amended under section 59(2) above, shall forthwith give copies of the order, or the order as amended, to a probation officer assigned to the court, and he shall give a copy-
	(a) to the offender;
	(b) to the treatment provider; and
	(c) to the responsible officer.
	(3) Where a drug treatment and testing order has been made on an appeal brought from the Crown Court, or from the criminal division of the Court of Appeal, for the purposes of sections 58 and 59 above it shall be deemed to have been made by the Crown Court.
	(4) Schedule 2 to the 1991 Act (enforcement etc. of community orders) shall have effect subject to the amendments specified in Schedule 4 to this Act, being amendments for applying that Schedule to drug treatment and testing orders.
	Young offenders: reprimands and warnings
Reprimands and warnings.	61. - (1) Subsections (2) to (5) below apply where-
	(a) a constable has evidence that a child or young person ("the offender") has committed an offence;
	(b) the constable considers that the evidence is such that, if the offender were prosecuted for the offence, there would be a realistic prospect of his being convicted;
	(c) the offender admits to the constable that he committed the offence;
	(d) the offender has not previously been convicted of an offence; and
	(e) the constable is satisfied that it would not be in the public interest for the offender to be prosecuted.
	(2) Subject to subsection (4) below, the constable may reprimand the offender if the offender has not previously been reprimanded or warned.
	(3) The constable may warn the offender if-
	(a) the offender has not previously been warned; or
	(b) where the offender has previously been warned, the offence was committed more than two years after the date of the previous warning and the constable considers the offence to be not so serious as to require a charge to be brought;
	but no person may be warned under paragraph (b) above more than once.
	(4) Where the offender has not been previously reprimanded, the constable shall warn rather than reprimand the offender if he considers the offence to be so serious as to require a warning.
	(5) The constable shall-
	(a) give any reprimand or warning at a police station and, where the offender is under the age of 17, in the presence of an appropriate adult; and
	(b) explain to the offender and, where he is under that age, the appropriate adult in ordinary language-
	(i) in the case of a reprimand, the effect of subsection (5)(a) of section 62 below;
	(ii) in the case of a warning, the effect of subsections (1), (2), (4) and (5)(b) and (c) of that section, and any guidance issued under subsection (3) of that section.
	(6) The Secretary of State shall publish, in such manner as he considers appropriate, guidance as to-
	(a) the circumstances in which it is appropriate to give reprimands or warnings, including criteria for determining-
	(i) for the purposes of subsection (3)(b) above, whether an offence is not so serious as to require a charge to be brought; and
	(ii) for the purposes of subsection (4) above, whether an offence is so serious as to require a warning;
	(b) the category of constable by whom reprimands and warnings may be given; and
	(c) the form which reprimands and warnings are to take and the manner in which they are to be given and recorded.
	(7) In this section "appropriate adult", in relation to a child or young person, means-
	(a) his parent or guardian or, if he is in the care of a local authority or voluntary organisation, a person representing that authority or organisation;
	(b) a social worker of a local authority social services department;
	(c) if no person falling within paragraph (a) or (b) above is available, any responsible person aged 18 or over who is not a police officer or a person employed by the police.
	(8) No caution shall be given to a child or young person after the commencement of this section.
	(9) Any reference (however expressed) in any enactment passed before or in the same Session as this Act to a person being cautioned shall be construed, in relation to any time after that commencement, as including a reference to a child or young person being reprimanded or warned.
Effect of reprimands and warnings.	62. - (1) Where a constable warns a person under section 61 above, he shall as soon as practicable refer the person to a youth offending team.
	(2) A youth offending team-
	(a) shall assess any person referred to them under subsection (1) above; and
	(b) unless they consider it inappropriate to do so, shall arrange for him to participate in a rehabilitation programme.
	(3) The Secretary of State shall publish, in such manner as he considers appropriate, guidance as to-
	(a) what should be included in a rehabilitation programme arranged for a person under subsection (2) above;
	(b) the manner in which any failure by a person to participate in such a programme is to be recorded; and
	(c) the persons to whom any such failure is to be notified.
	(4) Where a person who has been warned under section 61 above is convicted of an offence committed within two years of the warning, the court by or before which he is so convicted-
	(a) shall not make an order under subsection (1)(b) (conditional discharge) of section 1A of the 1973 Act in respect of the offence unless it is of the opinion that there are exceptional circumstances relating to the offence or the offender which justify its doing so; and
	(b) where it does so, shall state in open court that it is of that opinion and why it is.
	(5) The following, namely-
	(a) any reprimand of a person under section 61 above;
	(b) any warning of a person under that section; and
	(c) any report on a failure by a person to participate in a rehabilitation programme arranged for him under subsection (2) above,
	may be cited in criminal proceedings in the same circumstances as a conviction of the person may be cited.
	(6) In this section "rehabilitation programme" means a programme the purpose of which is to rehabilitate participants and to prevent them from re-offending.
	Young offenders: non-custodial orders
Reparation orders.	63. - (1) This section applies where a child or young person is convicted of an offence other than one for which the sentence is fixed by law.
	(2) Subject to the provisions of this section and section 64 below, the court by or before which the offender is convicted may make an order (a "reparation order") which requires the offender to make reparation specified in the order-
	(a) to a person or persons so specified; or
	(b) to the community at large;
	and any person so specified must be a person identified by the court as a victim of the offence or a person otherwise affected by it.
	(3) The court shall not make a reparation 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 named in the order and the notice has not been withdrawn.
	(4) The court shall not make a reparation order in respect of the offender if it proposes-
	(a) to pass on him a custodial sentence; or
	(b) to make in respect of him a community service order, a combination order, a supervision order which includes requirements imposed in pursuance of sections 12 to 12C of the 1969 Act, an action plan order or a compensation order.
	(5) A reparation order shall not require the offender-
	(a) to work for more than 24 hours in aggregate; or
	(b) to make reparation to any person without the consent of that person.
	(6) Subject to subsection (5) above, requirements specified in a reparation order shall be such as in the opinion of the court are commensurate with seriousness of the offence, or the combination of the offence and one or more offences associated with it.
	(7) Requirements so specified shall, as far as practicable, be such as to avoid-
	(a) any conflict with the offender's religious beliefs or with the requirements of any community order to which he may be subject; and
	(b) any interference with the times, if any, at which the offender normally works or attends school or any other educational establishment.
	(8) Any reparation required by a reparation order-
	(a) shall be made under the supervision of the responsible officer; and
	(b) shall be made within a period of three months from the date of the making of the order.
	(9) A reparation order shall name the petty sessions area in which it appears to the court making the order, or to the court varying any provision included in the order in pursuance of this subsection, that the offender resides or will reside.
	(10) In this section "responsible officer", in relation to a reparation order, means one of the following who is specified in the order, namely-
	(a) a probation officer;
	(b) a social worker of a local authority social services department; and
	(c) a member of a youth offending team.
	(11) The court shall give reasons if it does not make a reparation order in a case where it has power to do so.

Prepared 2 April 1998