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Criminal Justice Bill


Criminal Justice Bill
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 and 3

    107

 

 190   Drug rehabilitation requirement: provision for review by court

     (1)    A community order or suspended sentence order imposing a drug

rehabilitation requirement may (and must if the treatment and testing period

is more than 12 months)—

           (a)           provide for the requirement to be reviewed periodically at intervals of

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not less than one month,

           (b)           provide for each review of the requirement to be made, subject to

section 191(6), at a hearing held for the purpose by the court responsible

for the order (a “review hearing”),

           (c)           require the offender to attend each review hearing,

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           (d)           provide for the responsible officer to make to the court responsible for

the order, before each review, a report in writing on the offender’s

progress under the requirement, and

           (e)           provide for each such report to include the test results communicated

to the responsible officer under section 189(6) or otherwise and the

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views of the treatment provider as to the treatment and testing of the

offender.

     (2)    In this section references to the court responsible for a community order or

suspended sentence order imposing a drug rehabilitation requirement are

references—

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           (a)           where a court is specified in the order in accordance with subsection (3),

to that court;

           (b)           in any other case, to the court by which the order is made.

     (3)    Where the area specified in a community order or suspended sentence order

which is made by a magistrates’ court and imposes a drug rehabilitation

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requirement is not the area for which the court acts, the court may, if it thinks

fit, include in the order provision specifying for the purposes of subsection (2)

a magistrates’ court which acts for the area specified in the order.

     (4)    Where a community order or suspended sentence order imposing a drug

rehabilitation requirement has been made on an appeal brought from the

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Crown Court or from the criminal division of the Court of Appeal, for the

purposes of subsection(2)(b) it shall be taken to have been made by the Crown

Court.

 191   Periodic review of drug rehabilitation requirement

     (1)    At a review hearing (within the meaning given by subsection (1) of section 190)

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the court may, after considering the responsible officer’s report referred to in

that subsection, amend the community order or suspended sentence order, so

far as it relates to the drug rehabilitation requirement.

     (2)    The court—

           (a)           may not amend the drug rehabilitation requirement unless the offender

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expresses his willingness to comply with the requirement as amended,

           (b)           may not amend any provision of the order so as to reduce the period for

which the drug rehabilitation requirement has effect below the

minimum specified in section 189(3), and

           (c)           except with the consent of the offender, may not amend any

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requirement or provision of the order while an appeal against the order

is pending.

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 and 3

    108

 

     (3)    If the offender fails to express his willingness to comply with the drug

rehabilitation requirement as proposed to be amended by the court, the court

may—

           (a)           revoke the community order, or the suspended sentence order and the

suspended sentence to which it relates, and

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           (b)           deal with him, for the offence in respect of which the order was made,

in any way in which it could deal with him if he had just been convicted

by the court of the offence.

     (4)    In dealing with the offender under subsection (3)(b), the court—

           (a)           shall take into account the extent to which the offender has complied

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with the requirements of the order, and

           (b)           may impose a custodial sentence (where the order was made in respect

of an offence punishable with such a sentence) notwithstanding

anything in section 135(4).

     (5)    Where the order is a community order made by a magistrates’ court in the case

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of an offender under 18 years of age in respect of an offence triable only on

indictment in the case of an adult, any powers exercisable under subsection

(3)(b) in respect of the offender after he attains the age of 18 are powers to do

either or both of the following—

           (a)           to impose a fine not exceeding £5,000 for the offence in respect of which

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the order was made;

           (b)           to deal with the offender for that offence in any way in which the court

could deal with him if it had just convicted him of an offence

punishable with imprisonment for a term not exceeding twelve

months.

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     (6)    If at a review hearing (as defined by section 190(1)(b)) the court, after

considering the responsible officer’s report, is of the opinion that the offender’s

progress under the requirement 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.

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     (7)    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

requirement is no longer satisfactory, the court may require the offender to

attend a hearing of the court at a specified time and place.

     (8)    At that hearing the court, after considering that report, may—

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           (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.

     (9)    In this section any reference to the court, in relation to a review without a

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hearing, are to be read—

           (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.

 192   Alcohol treatment requirement

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     (1)    In this Part “alcohol treatment requirement”, in relation to a relevant order,

means a requirement that the offender must submit during a period specified

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 and 3

    109

 

     (1)    in the order to treatment by or under the direction of a specified person having

the necessary qualifications or experience with a view to the reduction or

elimination of the offender’s dependency on alcohol.

     (2)    A court may not impose an alcohol treatment requirement in respect of an

offender unless it is satisfied—

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           (a)           that he is dependent on alcohol, and

           (b)           that his dependency is such as requires and may be susceptible to

treatment.

     (3)    A court may not impose an alcohol treatment requirement unless the offender

expresses his willingness to comply with its requirements.

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     (4)    The period for which the alcohol treatment requirement has effect must be not

less than six months.

     (5)    The treatment required by an alcohol treatment requirement for any particular

period must be—

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

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in the order,

           (b)           treatment as a non-resident in or at such institution or place, and at

such intervals, as may be so specified, or

           (c)           treatment by or under the direction of such person having the

necessary qualification or experience as may be so specified;

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                   but the nature of the treatment shall not be specified in the order except as

mentioned in paragraph (a), (b) or (c) above.

 193   Supervision requirement

     (1)    In this Part “supervision requirement”, in relation to a relevant order, means a

requirement that, during the relevant period, the offender must attend

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appointments with the responsible officer or another person determined by the

responsible officer, at such time and place as may be determined by the officer.

     (2)    The purpose for which a supervision requirement may be imposed is that of

promoting the offender’s rehabilitation.

     (3)    In subsection (1) “the relevant period” means—

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           (a)           in relation to a community order, the period for which the community

order remains in force,

           (b)           in relation to a custody plus order, the licence period as defined by

section 163(3)(b),

           (c)           in relation to an intermittent custody order, the licence periods as

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defined by section 165(3), and

           (d)           in relation to a suspended sentence order, the supervision period as

defined by section 170(1)(a).

Requirements available only in case of offenders aged under 25

 194   Attendance centre requirement

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     (1)    In this Part “attendance centre requirement”, in relation to a relevant order,

means a requirement that the offender must attend at an attendance centre

specified in the relevant order for such number of hours as may be so specified.

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 and 3

    110

 

     (2)    The aggregate number of hours for which the offender may be required to

attend at an attendance centre must not be less than 12 or more than 36.

     (3)    The court may not impose an attendance centre requirement unless the court

is satisfied that the attendance centre to be specified in it is reasonably

accessible to the offender concerned, having regard to the means of access

5

available to him and any other circumstances.

     (4)    The first time at which the offender is required to attend at the attendance

centre is a time notified to the offender by the responsible officer.

     (5)    The subsequent hours are to be fixed by the officer in charge of the centre,

having regard to the offender’s circumstances.

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     (6)    An offender may not be required under this section to attend at an attendance

centre on more than one occasion on any day, or for more than three hours on

any occasion.

Electronic monitoring

 195   Electronic monitoring requirement

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     (1)    In this Part “electronic monitoring requirement”, in relation to a relevant order,

means a requirement for securing the electronic monitoring of the offender’s

compliance with other requirements imposed by the order during a period

specified in the order, or determined by the responsible officer in accordance

with the relevant order.

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     (2)    Where—

           (a)           it is proposed to include in a relevant order a requirement for securing

electronic monitoring in accordance with this section, but

           (b)           there is a person (other than the offender) without whose co-operation

it will not be practicable to secure the monitoring,

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            the requirement may not be included in the order without that person’s

consent.

     (3)    A relevant order which includes an electronic monitoring requirement must

include provision for making a person responsible for the monitoring; and a

person who is made so responsible must be of a description specified in an

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order made by the Secretary of State.

     (4)    Where an electronic monitoring requirement is required to take effect during a

period determined by the responsible officer in accordance with the relevant

order, the responsible officer must, before the beginning of that period, notify

           (a)           the offender,

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           (b)           the person responsible for the monitoring, and

           (c)           any person falling within subsection (2)(b),

            of the time when the period is to begin.

Provisions applying to relevant orders generally

 196   Petty sessions area to be specified in relevant order

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     (1)    A community order or suspended sentence order must specify the petty

sessions area in which the offender resides or will reside.

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 and 3

    111

 

     (2)    A custody plus order or an intermittent custody order must specify the petty

sessions area in which the offender will reside—

           (a)           in the case of a custody plus order, during the licence periods as defined

by section 163(3)(b), or

           (b)           in the case of an intermittent custody order, during the licence periods

5

as defined by section 165(3).

 197   Requirement to avoid conflict with religious beliefs, etc

     (1)    The court must ensure, as far as practicable, that any requirement imposed by

a relevant order is such as to avoid—

           (a)           any conflict with the offender’s religious beliefs or with the

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requirements of any other relevant order to which he may be subject;

and

           (b)           any interference with the times, if any, at which he normally works or

attends school or any other educational establishment.

     (2)    The responsible officer in relation to an offender to whom a relevant order

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relates must ensure, as far as practicable, that any instructions given or

requirement imposed by him in pursuance of the order is such as to avoid the

conflict or interference mentioned in subsection (1).

     (3)    The Secretary of State may by order provide that subsection (1) or (2) is to have

effect with such additional restrictions as may be specified in the order.

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 198   Availability of arrangements in local area

     (1)    A court may not include an unpaid work requirement in a relevant order

unless the court is satisfied that provision for the offender to work under such

a requirement can be made under the arrangements for persons to perform

work under such a requirement which exist in the petty sessions area in which

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he resides or will reside.

     (2)    A court may not include an activity requirement in a relevant order unless the

court is satisfied that provision for the offender to participate in the activities

proposed to be specified in the order can be made under the arrangements for

persons to participate in such activities which exist in the petty sessions area in

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which he resides or will reside.

     (3)    A court may not include an attendance centre requirement in a relevant order

in respect of an offender unless the court has been notified by the Secretary of

State that an attendance centre is available for persons of his description.

     (4)    A court may not include an electronic monitoring requirement in a relevant

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order in respect of an offender unless the court—

           (a)           has been notified by the Secretary of State that electronic monitoring

arrangements are available in the relevant areas mentioned in

subsections (5) to (7), and

           (b)           is satisfied that the necessary provision can be made under those

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arrangements.

     (5)    In the case of a relevant order containing a curfew requirement or an exclusion

requirement, the relevant area for the purposes of subsection (4) is the area in

which the place proposed to be specified in the order is situated.

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 and 3

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     (6)    In the case of a relevant order containing an attendance centre requirement, the

relevant area for the purposes of subsection (4) is the area in which the

attendance centre proposed to be specified in the order is situated.

     (7)    In the case of any other relevant order, the relevant area for the purposes of

subsection (4) is the petty sessions area proposed to be specified in the order.

5

     (8)    In subsection (5) “place”, in relation to an exclusion requirement, has the same

meaning as in section 185.

 199   Provision of copies of relevant orders

     (1)    The court by which any relevant order is made must forthwith provide copies

of the order—

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           (a)           to the offender,

           (b)           if the offender is aged 18 or over, to an officer of a local probation board

assigned to the court,

           (c)           if the offender is aged 16 or 17, to an officer of a local probation board

assigned to the court or to a member of a youth offending team

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assigned to the court, and

           (d)           where the order specifies a petty sessions area for which the court

making the order does not act, to the local probation board acting for

that area.

     (2)    Where a relevant order imposes any requirement specified in the first column

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of Schedule 10, the court by which the order is made must also forthwith

provide the person specified in relation to that requirement in the second

column of that Schedule with a copy of so much of the order as relates to that

requirement.

     (3)    Where a relevant order specifies a petty sessions area for which the court

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making the order does not act, the court making the order must provide to the

magistrates’s court acting for that area—

           (a)           a copy of the order, and

           (b)           such documents and information relating to the case as it considers

likely to be of assistance to a court acting for that area in the exercise of

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its functions in relation to the order.

 200   Duty of offender to keep in touch with responsible officer

     (1)    An offender in respect of whom a community order or a suspended sentence

order is in force—

           (a)           must keep in touch with the responsible officer in accordance with such

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instructions as he may from time to time be given by that officer, and

           (b)           must notify him of any change of address.

     (2)    The obligation imposed by subsection (1) is enforceable as if it were a

requirement imposed by the order.

Powers of Secretary of State

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 201   Provision of attendance centres

     (1)    The Secretary of State may continue to provide attendance centres.

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 and 3

    113

 

     (2)    In this Part “attendance centre” means a place at which offenders aged under

25 may be required to attend and be given under supervision appropriate

occupation or instruction in pursuance of—

           (a)           attendance centre requirements of community orders, or

           (b)           attendance centre orders under section 60 of the Sentencing Act.

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     (3)    For the purpose of providing attendance centres, the Secretary of State may

make arrangements with any local authority or police authority for the use of

premises of that authority.

 202   Rules

The Secretary of State may make rules for regulating—

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           (a)           the monitoring of the whereabouts of persons who are subject to curfew

requirements or exclusion requirements,

           (b)           without prejudice to the generality of paragraph (a), the functions of

persons who are responsible officers in relation to offenders subject to

curfew requirements or exclusion requirements,

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           (c)           the provision and carrying on of attendance centres and community

rehabilitation centres,

           (d)           the attendance of persons subject to activity requirements, attendance

centre requirements at the places at which they are required to attend,

including hours of attendance, reckoning days of attendance and the

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keeping of attendance records,

           (e)           electronic monitoring in pursuance of an electronic monitoring

requirement, and

           (f)           without prejudice to the generality of paragraph (e), the functions of

persons made responsible for securing electronic monitoring in

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pursuance of such a requirement.

 203   Power to amend limits

     (1)    The Secretary of State may by order amend subsection (2) of section 179

(unpaid work requirement) by substituting, for the maximum number of hours

for the time being specified in that subsection, such other number of hours as

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may be specified in the order.

     (2)    The Secretary of State may by order amend any of the provisions mentioned in

subsection (3) by substituting, for any period for the time being specified in the

provision, such other period as may be specified in the order.

     (3)    Those provisions are—

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           (a)           section 184(3) (curfew requirement);

           (b)           section 185(2) (exclusion requirement);

           (c)           section 189(3) (drug rehabilitation requirement);

           (d)           section 192(4) (alcohol treatment requirement).

 

 

 
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