 House of Commons |
Session 1997-98 Internet Publications Other Bills before Parliament Arrangement of Clauses (Contents) |
| Crime and Disorder Bill [H.L.]
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| EXPLANATORY AND FINANCIAL MEMORANDUM | |
| PART I: PREVENTION OF CRIME AND DISORDER | |
| CHAPTER I: ENGLAND AND WALES | |
| This Chapter introduces new court orders for adults and young offenders aimed at dealing with disorder and anti-social behaviour. It also establishes crime and disorder strategy groups and places a duty on local authorities to have regard to the crime and disorder implications of their decisions. | |
| Clause 1 provides for the establishment of a body to be known as the Standing Advisory Council on Criminal Justice and the Penal System. | |
| Clause 2 enables local authorities and the police to apply for an anti-social behaviour order for any person aged 10 or over who has acted in an anti-social manner likely to cause harassment, alarm or distress and is likely to do so again in the local government area, prohibiting that person from doing anything described in the order. | |
| Clause 3 enables a chief officer of police to apply to a magistrates' court for a sex offender order for the purpose of protecting the public from serious harm from a sex offender. | |
| Clause 4 defines the meaning of "sex offender" and the meaning of "relevant date" in the preceding clause. | |
| Clause 5 provides for an appeal against anti-social behaviour orders and sex offender orders. | |
| Clause 6 identifies local authorities and the police as authorities responsible for crime and disorder strategies in each local government area, and requires them to co-operate with other specified agencies in drawing up such strategies. | |
| Clause 7 requires local authorities and the police, working with partners specified under Clause 6, to formulate and implement a strategy for the reduction of crime and disorder in their area. | |
| Clause 8 empowers the Home Secretary to call for a report from the local authorities and the police in any area on the discharge of their duties under Clauses 6 and 7. | |
| Clause 9 gives courts a power to make a parenting order requiring a parent or guardian of a child who is the subject of a child safety order, an anti-social behaviour order, or a sex offender order, or has been convicted of an offence to attend counselling or guidance sessions and comply with specified requirements. The order may also be applied to parents who have failed to secure their child's regular attendance at school. | |
| Clause 10 requires that, where a child under 16 has been convicted of an offence and the court is satisfied that a parenting order would help prevent a reoccurrence of the offending behaviour, the court shall make a parenting order. It also: requires that the court shall take into account information about the family circumstances and shall explain the effect and consequences of the order to the parent in ordinary language, before making the order; allows the court to discharge or vary the order in certain circumstances; and provides for a fine not exceeding level 3 on the standard scale (currently £1,000) for a parent failing to comply with an order. | |
| Clause 11 provides for an appeal against parenting orders. | |
| Clause 12 enables a magistrates court to make a child safety order, in respect of a child under 10 who is at risk of becoming involved in crime or is behaving in an anti-social manner, placing the child under the supervision of a specified, responsible officer and requiring the child to comply with arrangements aimed at ensuring that he receives appropriate care, protection and support and is subject to proper control. | |
| Clause 13 requires that the court shall take into account information about the family circumstances and shall explain the effect and consequences of the order to the parent in ordinary language, before making the order and allows the court to discharge or vary the order in certain circumstances. | |
| Clause 14 provides for an appeal against child safety orders. | |
| Clause 15 enables local authorities to make a local child curfew scheme under which a curfew notice may be given banning children of specified ages (below the age of ten) from being in a public place during specified hours unless they are under the control of a responsible person aged 18 or over. | |
| Clause 16 requires a police constable to inform the local authority when he believes a child is contravening a curfew notice and enables him to return the child to his home. | |
| Clause 17 places a duty on local authorities, in exercising their various functions, to consider the crime and disorder implications and the need to do all that they reasonably can to prevent crime and disorder in their area. | |
| Clause 18 defines the meaning of various terms used in Chapter I. | |
| CHAPTER II: SCOTLAND | |
| This Chapter extends to Scotland only. | |
| Clause 19 enables local authorities to apply for an anti-social behaviour order, prohibiting the subject of the order from doing anything described in the order, for any person aged 16 or over who has acted in an anti-social manner, or has pursued a course of anti-social conduct, likely to cause alarm or distress where such an order is necessary to protect people in the local authority area from further anti-social acts by him. | |
| Clause 20 enables a chief constable to apply to a sheriff for a sex offender order for the purpose of protecting the public from serious harm from a sex offender. | |
| Clause 21 makes certain procedural provisions with respect to the making, variation and revocation of anti-social behaviour orders and sex offender orders. | |
| Clause 22 provides for the consequences of breach of anti-social behaviour orders and sex offender orders. | |
| Clause 23 amends the Housing (Scotland) Acts 1987 and 1988 to extend the ground available to public sector and other landlords to repossess a house in cases of criminal conduct committed in, or anti-social behaviour committed or likely to be committed in, the locality of tenanted property by the tenant, or someone residing or lodging with him, or visitors to the property. | |
| Clause 24 and Schedule 1 amend the Civic Government (Scotland) Act 1982 to enable the police in Scotland to seize noise-making equipment that is causing a nuisance. | |
| PART II: CRIMINAL LAW | |
| This Part of the Bill creates new, racially aggravated offences; abolishes the legal presumption of doli incapax; and abolishes the death penalty for treason and piracy. | |
| Clause 25 defines the meaning of "racially aggravated" for the purposes of Clauses 26 to 29. | |
| Clause 26 provides for new offences of racially aggravated assaults. | |
| Clause 27 provides for a new offence of racially aggravated criminal damage. | |
| Clause 28 provides for racially aggravated public order offences. | |
| Clause 29 provides for offences of racially aggravated harassment. | |
| Clause 30 inserts a new section 50A into the Criminal Law (Consolidation) (Scotland) Act 1995 to introduce a new offence of racially aggravated conduct. | |
| Clause 31 abolishes the presumption that a child aged 10 or over is incapable of committing a criminal offence. | |
| Clause 32 amends section 35 of the Criminal Justice and Public Order Act 1994 so that a court or jury can draw such inferences as appear proper from the failure of a defendant to give evidence or refuse, without good cause, to answer any question during a trial, irrespective of the defendant's age. The existing prohibition regarding such inferences with defendants aged 10-13 years of age is removed. | |
| Clause 33 abolishes the death penalty for treason offences and for piracy with violence and substitutes in its place a maximum penalty of life imprisonment. | |
| PART III: CRIMINAL JUSTICE SYSTEM | |
| This Part of the Bill includes a provision setting out the principal aim of the youth justice system. It also contains provisions relating to youth justice services, a new Youth Justice Board and youth offending teams, time limits, the functions of the courts, bail provisions and the use of live television links between courts and prisons. | |
| Clause 34 states that the principal aim of the youth justice system is to prevent offending by children and young persons; and requires those involved in the youth justice system to have regard to that aim. | |
| Clause 35 places a duty on local authorities to ensure the availability of appropriate youth justice services and requires police authorities, probation committees and health authorities to co-operate with the local authority in securing that such services are available. It also defines the meaning of youth justice services for the purposes of Clauses 35 to 38. | |
| Clause 36 requires each local authority to establish one or more youth offending teams; sets out requirements for the composition and duties of those teams; and requires police authorities, probation committees and health authorities to co-operate with the local authority in establishing youth offending teams. | |
| Clause 37 requires local authorities, in consultation with police authorities, probation committees and health authorities, to formulate and implement an annual youth justice plan setting out how youth justice services in their area are to be provided and funded and the composition, funding and functions of youth offending teams. | |
| Clause 38 and Schedule 2 establish a Youth Justice Board to monitor the operation of the youth justice system, promote good practice and advise the Home Secretary on the operation of the youth justice system and the setting of national standards. | |
| Clause 39 defines the terms "local authority", "police authority" and "youth justice system" for the purposes of Part III; and requires those carrying out their responsibilities under Clauses 34 to 38 to act in accordance with any guidance given by the Secretary of State. | |
| Clause 40 amends the Prosecution of Offences Act 1985 to allow for different time limits to be set for different cases. It also makes new provisions for the extension of time limits in criminal proceedings; and in respect of failure to meet time limits, replaces the existing sanction of acquittal with a new sanction of staying proceedings. | |
| Clause 41 amends the Prosecution of Offences Act 1985 to allow for time limits to be applied, in cases involving young offenders, from arrest to commencement of proceedings and from conviction to sentence. | |
| Clause 42 amends the Prosecution of Offences Act 1985 to provide for the re-institution of proceedings stayed under section 22(4) or 22A(5) of that Act. | |
| Clause 43 amends section 47 of the Police and Criminal Evidence Act 1984 to require that where a person is bailed to appear before a magistrates' court, an early date is set for his first court appearance. | |
| Clause 44 enables a youth court to remit a person charged with an offence who subsequently attains the age of 18 to the jurisdiction of a magistrates' court. It also provides for related offences to be dealt with in the Crown Court along with grave crimes; and establishes a presumption against adjourning Youth Court cases solely on the grounds that the accused is committed to the Crown Court in respect of a separate offence, or because the accused is charged with another offence. | |
| Clause 45 enables stipendiary magistrates to sit alone in youth courts in the Metropolitan area of London. | |
| Clause 46 authorises a number of the powers of a magistrates' court to be exercised by a single justice of the peace; and permits the Lord Chancellor to make provision, following consultation with the justices and justices' clerks for an area, for any of the listed powers (subject to certain modifications) to be exercised by justices' clerks in that area. | |
| Clause 47 provides for early administrative hearings at magistrates' courts, conducted by a single justice (or a justices' clerk). | |
| Clause 48 and Schedule 3 provide that where a person, over 18, is brought before a magistrates' court charged with an offence that is triable only on indictment he shall be sent immediately to the Crown Court for trial. | |
| Clause 49 makes certain supplemental procedural provisions in respect of Clause 48. | |
| Clause 50 enables the Director of Public Prosecutions to designate, for the purpose of exercising certain powers of Crown Prosecutors, members of staff of the Crown Prosecution Service who are not legally qualified. | |
| Clause 51 amends section 3 of the Bail Act 1976 to provide increased powers to require a security when granting bail and to allow a court to require a defendant to attend an interview with a legal representative as a condition of bail. | |
| Clause 52 amends section 120 of the Magistrates' Courts Act 1980 to enable a magistrates' court to declare a recognizance to be forfeited immediately upon the non-appearance of a bailed defendant and to summons the surety to show cause why the recognizance should not be forfeited. | |
| Clause 53 amends section 25 of the Criminal Justice and Public Order Act 1994 to provide a rebuttable presumption that bail will not be granted to those charged with or convicted of what would be repeat murder, attempted murder, manslaughter, rape or attempted rape. | |
| Clause 54 enables second and subsequent remand hearings and other pre-trial hearings where the defendant is in custody and is not required by the court to be physically present, to be conducted by means of a live television link between the court and the prison. | |
| PART IV: DEALING WITH OFFENDERS | |
| CHAPTER I: ENGLAND AND WALES | |
| This Chapter contains provisions relating to sexual and violent offenders, drug dependent offenders, young offenders, sentencing guidelines and increased sentences for racial aggravation. | |
| Clause 55 empowers a court to impose a sentence on a sexual or violent offender which includes an extended period of post-release supervision. | |
| Clause 56 inserts a new section 44A into the Criminal Justice Act 1991 to provide for the release on licence of a sexual or violent offender serving a sentence imposed under Clause 55. | |
| Clause 57 provides for a new community order (a drug treatment and testing order) for drug misusing offenders aged 16 or over. | |
| Clause 58 requires a drug treatment and testing order to include a requirement that the offender shall submit to drug treatment and testing under the supervision of the probation service. | |
| Clause 59 requires a drug treatment and testing order to provide for periodic reviews of the order at monthly intervals and enables the court to amend the order in the light of those reviews. | |
| Clause 60 requires the court to explain the drug treatment and testing order to the offender in ordinary language. It also requires the court to make available copies of the order for passing to the offender, the treatment provider and the supervising probation officer (the "responsible officer"). Schedule 4 provides for the enforcement, revocation and amendment of such an order by making amendments to Schedule 2 to the Criminal Justice Act 1991. | |
| Clause 61 provides for a system of reprimands and warnings to replace the current system of police cautions for young offenders. | |
| Clause 62 requires a police constable who warns a person under Clause 61 to refer that person to a youth offending team for assessment and, if appropriate, to make provision for him to participate in a programme to prevent further re-offending and secure his rehabilitation. It also provides that courts should not, except in exceptional circumstances, conditionally discharge young offenders who are convicted of an offence within two years of a warning. | |
| Clause 63 makes provision for a reparation order, a new sentence requiring a young offender to make reparation to the victim of the offence or a person otherwise affected by it, or to the community at large. | |
| Clause 64 requires the court, before making a reparation order, to consider a written report about the type of reparation and the views of the victim(s) and to explain the order to the young offender. Schedule 5 provides for variation and breach arrangements. | |
| Clause 65 makes provision for an action plan order, a new community penalty requiring a young offender to comply with an action plan intended to address his offending behaviour. | |
| Clause 66 requires the court making an action plan order to consider the young offender's family circumstances, information about the proposed action plan and the attitude of his parent or guardian. It also requires the court to explain the order to the young offender and enables the court to fix a hearing within 21 days of making the order in order to review its effectiveness and the extent to which it has been implemented. The provision allows for variation, review or cancellation of the order. Schedule 5 provides for variation and breach arrangements. | |
| Clause 67 amends the Children and Young Persons Act 1969 to strengthen the existing supervision order by enabling conditions requiring reparation to the victim of the offence or a person otherwise affected by it, or to the community at large, to be attached to the order; and adjusts the conditions relating to residence in local authority accommodation. | |
| Clause 68 amends the provisions in the Children and Young Persons Act 1969 relating to breach of supervision orders so that when a supervision order imposed by a Crown Court is breached, breach proceedings may be remitted back to the Crown Court. | |
| Clause 69 makes provision to allow a court to sentence a young offender to a detention and training order requiring the offender to be subject to a period of detention and training, followed by a period of supervision. | |
| Clause 70 makes certain provisions relating to the duties and powers of a court when making a detention and training order. | |
| Clause 71 makes certain provisions in relation to the place and period of the detention and training component of a detention and training order. | |
| Clause 72 makes certain provisions relating to the period of supervision of an offender who is subject to a detention and training order. | |
| Clause 73 enables a justice of the peace, where a young offender has breached the supervision requirements of a detention and training order, to summon the young offender concerned before the youth court for the area, or to issue a warrant for his arrest, and provides for the youth court to deal with the breach. | |
| Clause 74 provides that where the subject of a detention and training order commits an offence during the currency of his order and is subsequently convicted of that offence, the court may order him to be detained in secure accommodation for the whole or any part of a period equal in length to the period between the date of the offence and the date on which the detention and training order ends. | |
| Clause 75 places a duty on the Court of Appeal to produce sentencing guidelines. | |
| Clause 76 requires the Lord Chancellor, after consultation with the Secretary of State and the Lord Chief Justice, to establish a sentencing panel to act as an advisory body to the Court of Appeal on the framing of sentencing guidelines. | |
| Clause 77 requires the courts to treat a racial element to any crime as an aggravating factor and to state how they have taken this into account. This clause does not apply when the court is considering a racially aggravated offence under Clauses 26 to 29. | |
| Clause 78 deals with the interpretation of Chapter I and defines certain terms used within it. | |
| CHAPTER II: SCOTLAND | |
| Clause 79 inserts a new section 210A into the Criminal Procedure (Scotland) Act 1995 to empower a court to impose a sentence on a sexual or violent offender which includes a period of post-release supervision. | |
| Clause 80 inserts a new section 26A into the Prisoners and Criminal Proceedings (Scotland) Act 1993 to provide for licensing arrangements, including release on licence, setting of licence conditions, revocation of licence and recall to custody, for a sexual or violent offender serving a sentence under Clause 79. | |
| Clause 81 inserts a new section 234B into the Criminal Procedure (Scotland) Act 1995 to provide for a new disposal (a drug treatment and testing order) for offenders aged 16 or over who misuse drugs. | |
| Clause 82 inserts a new section 234C into the Criminal Procedure (Scotland) Act 1995 to require a drug treatment and testing order to include a requirement that the offender shall submit to drug treatment and testing under the direction of a treatment provider and to supervision by a local authority officer. | |
| Clause 83 inserts a new section 234D into the Criminal Procedure (Scotland) Act 1995 to require the court to explain the drug treatment and testing order to the offender in ordinary language. It also requires the court to make available copies of the order for passing to the offender, the treatment provider and the chief social work officer of the relevant local authority. | |
| Clause 84 inserts new sections 234E and 234F into the Criminal Procedure (Scotland) Act 1995 to require a drug treatment and testing order to provide for periodic reviews of the order at monthly intervals and enables the court to amend the order in the light of those reviews or on an application from either the offender or the supervising officer. | |
| Clause 85 inserts new sections 234G and 234H into the Criminal Procedure (Scotland) Act 1995 to provide for the court to make a disposal in respect of an offender who has breached an order. | |
| Clause 86 inserts a new section 234J into the Criminal Procedure (Scotland) Act 1995 to enable courts to subject an offender to concurrent drug treatment and testing and probation orders. Schedule 6 makes further provision for the combination of orders and makes further provision with respect to repeals. | |
| Clause 87 inserts a new section 234K into the Criminal Procedure (Scotland) Act 1995 to define "the appropriate court" and "local authority" for the purposes of drug treatment and testing orders. | |
| Clause 88 requires the courts to treat a racial element to any crime, where libelled and proved, as an aggravation which shall be taken into account when sentencing. | |
| PART V: MISCELLANEOUS AND SUPPLEMENTAL | |
| This Part of the Bill contains powers and provisions relating to remands and committals for young offenders and the release and recall of prisoners; and minor and supplementary provisions. | |
| Clause 89 amends section 23 of the Children and Young Persons Act 1969 to allow courts to remand children and young persons aged 12 or over direct to local authority secure accommodation and to enable the Secretary of State to implement the provisions in stages. | |
| Clause 90 amends section 23 of the Children and Young Persons Act 1969 to provide for 15 and 16 year old boys who meet the specified criteria to be remanded to prison or remand centre and for vulnerable 15 and 16 year old boys to be remanded to local authority secure accommodation if a place is available. | |
| Clause 91 inserts new sections 34A and 37A into the Criminal Justice Act 1991 to provide a power to release short-term prisoners on a "home detention curfew" licence (enforced by electronic monitoring) for up to two months before their normal date of release. | |
| Clause 92 inserts a new section 37A into the Criminal Justice Act 1991 to provide for curfew conditions to be included in a licence when a prisoner is released under section 34A of that Act. | |
| Clause 93 amends the Criminal Justice Act 1991 to transfer responsibility for recalling short-term prisoners from the courts to the Parole Board. | |
| Clause 94 amends the Criminal Justice Act 1991 to provide for offenders who are recalled to prison while on licence to be subject to a period of supervision until the end of their sentence following their second release from prison at the three quarters point of sentence. | |
| Clause 95 inserts a new section 40A into the Criminal Justice Act 1991 to provide for a period of three months' supervision for offenders who are released having been returned to prison, for a period of twelve months or less, for committing an offence before the expiry of a sentence for an earlier offence. | |
| Clause 96 and Schedule 7 make amendments to existing legislation desirable in connection with the consolidation of certain enactments relating to the powers of criminal courts. | |
| Clause 97 makes certain amendments to Chapter I of Part II of the Crime (Sentences) Act 1997. | |
| Clause 98 repeals Chapter I of Part III of the Crime and Punishment (Scotland) Act 1997. | |
| Clause 99 provides that where an under 18 murderer has been released on licence under the arrangements which operated before those introduced on 20 October 1997 by section 16 of the Crime and Punishment (Scotland) Act 1997, he will be regarded as having served the designated part of his life sentence for the purposes of the new procedures. | |
| Clause 100 amends section 94 of the Police Act 1997 to enable the Commissioners of HM Customs and Excise to designate a deputy to the Chief Investigation Officer for the purposes of Part III of the Police Act 1997. | |
| Clause 101 makes provision with respect to orders and regulations under the Bill. | |
| Clause 102 provides power where none currently exists for the disclosure by any person of information to relevant authorities or persons acting on their behalf where this is necessary or expedient for the purposes of any provision of the Bill. The relevant authorities are a chief officer of police, a police authority, a local authority, a probation committee or a health authority. | |
| Clause 103 enables the Secretary of State by order to make transitory provision with respect to any time before the commencement of Clause 69. | |
| Clause 104 makes provision for the interpretation of certain expressions in the Bill. | |
| Clause 105 enables the Secretary of State to extend to Northern Ireland, by negative resolution order, the provisions in Clauses 3 to 5, 31, 44(2), 54, 57 to 60 and 78. | |
| Clause 106 and Schedule 8 make minor and consequential amendments to existing legislation. | |
| Clause 107 and Schedules 9 and 10 make transitional provisions and effect certain repeals. | |
| Clause 108 provides for the Bill's short title, commencement and extent. | |
| Financial Effects of the Bill | |
| Taken as a whole, the Bill is intended to address offending behaviour more effectively and to reduce crime. It is expected, therefore, that this will produce significant savings to the criminal justice system. Further savings might arise from less direct impacts of the provisions of the Bill on a wider range of public services. | |
| The costs of Parts I to V of this Bill depend to a large extent on a number of assumptions including: the timing of implementation; the way in which the courts use the new powers conferred upon them and the effect of the proposals on offending behaviour and in reducing crime and disorder generally. For these and other reasons, the figures given are estimates only and are attended by uncertainty. All costs are full year costs and are given at current prices. | |
| The proposals in Part I of the Bill provide for the introduction of two new disposals aimed at dealing with youth crime and disorder: child safety orders and parenting orders. These proposals will both be piloted which will provide a basis for a detailed assessment of the costs to local authority social services departments, the probation service and, when in place, youth offending teams before full implementation. It is estimated that, depending on how the orders are used, additional costs will not exceed £4 million per annum. The costs of the pilot projects for these proposals and the proposals in Clauses 35 to 38 and 61 to 66 are estimated to be around £3 million in total. | |
| It is anticipated that the proposals in Part I providing for the introduction of anti-social behaviour orders will lead to increased costs for the courts, the Crown Prosecution Service and legal aid. Total additional costs are expected to be in the region of £3 million. | |
| The proposals in Part II of the Bill relating to new racially aggravated offences together with the related proposals in Part IV concerning increased sentences for those offences, are expected to result in some increased costs for the courts, the Crown Prosecution Service, the probation service and the Prison Service, depending on the range of assumptions used. | |
| The proposals in Part III relating to local provision of youth justice services and youth offending teams will be piloted. The new provisions will build on existing youth justice services and inter-agency working. The pilot projects will enable the detailed costs and savings to be assessed before full implementation. The proposals in Part III relating to the Youth Justice Board are expected to cost £1 million per annum. | |
| Of the remainder of the proposals in Part III, Clauses 40 to 52 and 54 are intended to reduce delay in the criminal justice system. Clauses 40 and 41 relate to statutory time limits; these will reinforce the new procedural arrangements set out in Clauses 42 to 52 and 54, several of which are directed specifically at increasing efficiency in the Youth Court. Taken together, these proposals are expected greatly to increase the efficiency of the criminal justice system, inter alia by reducing the number of unnecessary adjournments and securing more timely guilty pleas. | |
| These proposals are likely to be cost-neutral, since it is expected that any additional court costs associated with (for example) improved case management will be more than outweighed by savings from other provisions (the most significant of which is expected to be the saving in Prison Service staff and escort costs resulting from the removal of indictable-only cases from magistrates' courts and the introduction of live television links between courts and prisons). The introduction of statutory time limits should in itself have limited resource implications. These will be assessed once piloting has determined the level at which the limits should be set. | |
| The proposals in Part IV relating to the introduction of reprimands and warnings (including associated restrictions on conditional discharge), action plan orders and reparation orders will be piloted. The new provisions will build on and will in some cases be used instead of existing disposals and provisions. The pilot projects will enable the detailed costs and savings to be assessed before full implementation. Initial assessments are that the action plan order could lead to savings of around £2 million per annum on money currently spent by local authority social services and the probation service on supervising community penalties and that the reparation order could result in additional costs of up to £1 million per annum. Initial estimates of the costs of introducing reprimands and warnings, including the costs of rehabilitation programmes, are in the region of £14 million. | |
| The Part IV proposals relating to the improvements to supervision orders are expected to result in additional local authority accommodation costs of around £2 million a year which will fall to social services departments or, when in place, youth offending teams. The proposals for detention and training orders for young offenders are not expected to have any significant impact on the numbers held in secure facilities. The associated increased levels of supervision are expected to result in additional costs of around £2 million per annum for the probation service and local authority social services or, when in place, youth offending teams. | |
| The proposals in Part IV and Part V for extended supervision for sex, violent, recalled and returned prisoners will eventually generate net additional probation service and electronic monitoring costs estimated to be about £20 million per annum. Additional costs to the Parole Board and the police as a result of recalling to prison those offenders who breach their licence conditions are expected to be minimal. | |
| The Part IV proposals for drug treatment and testing orders will be the subject of local pilot projects, which will provide a basis for assessing their effectiveness before full implementation is considered. The costs of the local pilot projects are expected to be in the region of £1 million. It is provisionally estimated that the full cost to the probation service of commissioning the additional drug treatment and testing programmes will be around £40 million per annum. | |
| Depending upon the extent of take up, the proposals in Part V relating to the powers to release short-term prisoners on licence (home detention curfew) are expected to cost up to £35 million a year, but to avoid the need for estimated expenditure of up to £180 million a year on new prison places which would otherwise be necessary to accommodate the rising prison population. | |
| Scotland | |
| The proposals in Part I regarding anti-social behaviour orders will incur costs for local authorities, courts, the prosecution service, the police and legal aid. When the provisions are fully implemented these will be approximately £1 million. | |
| The provisions on racial offences will have some impact on prison, court, prosecution service and legal aid costs leading to a small total additional cost. | |
| The proposals in Part IV for extended supervision for sex or violent offenders will produce costs of about £2 million when fully implemented. | |
| The Part IV proposals for drug treatment and testing orders will be the subject of local pilot projects which will provide a basis for assessing their effectiveness before full implementation is considered. The costs of the local pilot projects are expected to be minimal. It is provisionally estimated that the full cost of commissioning the additional drug treatment and testing programmes will be around £1 million per annum. | |
| General | |
| The remaining provisions of the Bill are not expected to have any significant costs either for England and Wales, or for Scotland. | |
| Any costs arising as a result of the Bill will be contained within the Government's planned overall spending totals. | |
| Effects of the Bill on Public Service Manpower | |
| It is expected that the proposals in Parts IV and V relating to extended supervision for sex, violent, returned and recalled offenders will require some 600 additional probation service staff. The remainder of the proposals are not anticipated to have a significant impact on public service manpower. | |
| Business Compliance Cost Assessment | |
| The Bill has no cost implications for business. | |
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| © Parliamentary copyright 1998 | Prepared 2 April 1998 |