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Criminal Justice Bill


Criminal Justice Bill
Part 12 — Sentencing
Chapter 6 — Release of prisoners on licence

    132

 

           (b)           “licence period”, in relation to a term of less than twelve months

complying with section 163, has the meaning given by subsection (3)(b)

of that section.

     (7)    This section applies to a determinate sentence of detention under section 91 of

the Sentencing Act or under section 207 of this Act as it applies to a term of

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imprisonment of 12 months or more.

Drug testing requirements

 239   Release on licence etc: drug testing requirements

     (1)    Section 64 of the Criminal Justice and Court Services Act 2000 (c. 43) (release on

licence etc: drug testing requirements) is amended as follows.

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     (2)    In subsection (1) for paragraph (a) there is substituted—       

                  “(a)                    the Secretary of State releases from prison a person aged 14 or

over on whom a sentence of imprisonment has been imposed,

                  (aa)                    a responsible officer is of the opinion—

                        (i)                        that the offender has a propensity to misuse specified

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Class A drugs, and

                        (ii)                       that the misuse by the offender of any specified Class A

drug caused or contributed to any offence of which he

has been convicted, or is likely to cause or contribute to

the commission of further offences, and.”

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     (3)    After subsection (4) there is inserted—

           “(4A)              A person under the age of 16 years may not be required by virtue of this

section to provide a sample otherwise than in the presence of an

appropriate adult.”

     (4)    After subsection (5) there is inserted—

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           “(6)              In this section—

                                  “appropriate adult”, in relation to a person aged under 16,

means—

                        (a)                        his parent or guardian or, if he is in the care of a local

authority or voluntary organisation, a person

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representing that authority or organisation,

                        (b)                        a social worker of a local authority social services

department, or

                        (c)                        if no person falling within paragraph (a) or (b) is

available, any responsible person aged 18 or over who is

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not a police officer or a person employed by the police;

                                  “responsible officer” means—

                        (a)                        in relation to an offender aged under 18, an officer of a

local probation board or a member of a youth offending

team;

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                        (b)                        in relation to an offender aged 18 or over, an officer of a

local probation board.”

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 7 — Other provisions about sentencing

    133

 

Supplemental

 240   Alteration by order of relevant proportion of sentence

The Secretary of State may by order provide that any reference in section

224(3)(a), section 226(2) or section 238(6)(a)(ii) to a particular proportion of a

prisoner’s sentence is to be read as a reference to such other proportion of a

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prisoner’s sentence as may be specified in the order.

 241   Interpretation of Chapter 6

In this Chapter—

                      “the 1997 Act” means the Crime (Sentences) Act 1997 (c. 43);

                      “the Board” means the Parole Board;

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                      “fixed-term prisoner” has the meaning given by section 217(1);

                      “prison” and “prisoner” are to be read in accordance with section 217(2);

                      “release”, in relation to a prisoner serving a sentence of imprisonment to

which an intermittent custody order relates, includes temporary

release;

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                      “relevant court order”, in relation to a person serving a sentence of

imprisonment of imprisonment to which a custody plus order or

intermittent custody order relates, means that order.

Chapter 7

Other provisions about sentencing

20

Deferment of sentence

 242   Deferment of sentence

Schedule 16 (deferment of sentence) shall have effect.

Power to include drug treatment and testing requirement in certain orders in respect of young

offenders

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 243   Inclusion of drug treatment requirement in action plan order or supervision

order

Schedule 17 (which enables a requirement as to drug treatment and testing to

be included in an action plan order or a supervision order) shall have effect.

Alteration of penalties for offences

30

 244   Alteration of penalties for specified summary offences

     (1)    The summary offences listed in Schedule 18 are no longer punishable with

imprisonment.

     (2)    Schedule 19 (which contains amendments increasing the maximum term of

imprisonment for certain summary offences from 4 months or less to 51 weeks)

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shall have effect.

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 7 — Other provisions about sentencing

    134

 

     (3)    This section does not affect the penalty for any offence committed before the

commencement of this section.

 245   Alteration of penalties for other summary offences

     (1)    Subsection (2) applies to any summary offence which—

           (a)           is an offence under a relevant enactment,

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           (b)           is punishable with a maximum term of imprisonment of five months or

less, and

           (c)           is not listed in Schedule 18 or Schedule 19.

     (2)    The Secretary of State may by order amend any relevant enactment so as to—

           (a)           provide that any summary offence to which this subsection applies is

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no longer punishable with imprisonment, or

           (b)           increase to 51 weeks the maximum term of imprisonment to which a

person is liable on conviction of the offence.

     (3)    An order under subsection (2) may make such supplementary, incidental or

consequential provision as the Secretary of State considers necessary or

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expedient, including provision amending any relevant enactment.

     (4)    Subsection (5) applies to any summary offence which—

           (a)           is an offence under a relevant enactment, and

           (b)           is punishable with a maximum term of imprisonment of six months.

     (5)    The maximum term of imprisonment to which a person is liable on conviction

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of an offence to which this subsection applies is, by virtue of this subsection, 51

weeks (and the relevant enactment in question is to be read as if it had been

amended accordingly).

     (6)    Neither of the following—

           (a)           an order under subsection (2), or

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           (b)           subsection (5),

            affects the penalty for any offence committed before the commencement of that

order or subsection (as the case may be).

     (7)    In this section and section 246 “relevant enactment” means any enactment

contained in—

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           (a)           an Act passed before or in the same Session as this Act, or

           (b)           any subordinate legislation made before the passing of this Act.

     (8)    In subsection (7) “subordinate legislation” has the same meaning as in the

Interpretation Act 1978 (c. 30).

 246   Increase in maximum term that may be imposed on summary conviction of

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offence triable either way

     (1)    In section 32 of the Magistrates’ Courts Act 1980 (c. 43) (penalties on summary

conviction for offences triable either way) in subsection (1) (offences listed in

Schedule 1 to that Act) for “not exceeding 6 months” there is substituted “not

exceeding the prescribed term”.

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     (2)    In subsection (9) of that section after the definition of “the prescribed sum”

there is inserted—

                    ““the prescribed term”—

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 7 — Other provisions about sentencing

    135

 

                  (a)                 in the case of an offence committed before the commencement

of an order under section 139(a) of the Criminal Justice Act 2003

(power to increase general limit on magistrates’ power to

impose imprisonment), means 12 months, and

                  (b)                 in the case of an offence committed after that commencement,

5

means 18 months;”.

     (3)    Subsection (4) applies to any offence triable either way which—

           (a)           is an offence under a relevant enactment,

           (b)           is punishable with imprisonment on summary conviction, and

           (c)           is not listed in Schedule 1 to the Magistrates’ Courts Act 1980 (c. 43).

10

     (4)    The maximum term of imprisonment to which a person is liable on summary

conviction of an offence to which this subsection applies is by virtue of this

subsection—

           (a)           where the offence is committed before the commencement of an order

under section 139(a), 12 months, and

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           (b)           where the offence is committed after that commencement, 18 months

or, if less, the maximum term of imprisonment to which he would be

liable on conviction on indictment of the offence,

            (and the relevant enactment in question is to be read as if it had been amended

accordingly).

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     (5)    Nothing in this section affects the penalty for any offence committed before the

commencement of this section.

 247   Enabling powers: alteration of maximum penalties for summary and either

way offences

     (1)    In section 38(5) of the Slaughterhouses Act 1974 (c. 3) (maximum penalties to

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be prescribed by regulations), the words “or imprisonment for a term of three

months or both” are omitted.

     (2)    Paragraph 1 of Schedule 2 to the European Communities Act 1972 (c. 68)

(provisions as to powers conferred by section 2(2)) is amended as follows—

           (a)           in sub-paragraph (1)(d), for “three months” there is substituted “the

30

prescribed term”, and

           (b)           after sub-paragraph (2) there is inserted—

               “(3)                      In sub-paragraph (1)(d), “the prescribed term” means—

                           (a)                          in relation to England and Wales, where the offence is

a summary offence, 51 weeks,

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                           (b)                          in relation to England and Wales, where the offence is

triable either way—

                                 (i)                                for offences committed before the

commencement of an order under section

139(a) of the Criminal Justice Act 2003 (power

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to increase general limit on magistrates’

power to impose imprisonment), 12 months,

and

                                 (ii)                               for offences committed after that

commencement, 18 months or, if less, the

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maximum term of imprisonment to which the

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 7 — Other provisions about sentencing

    136

 

                                 (ii)                               offender would be liable on conviction on

indictment of the offence,

                           (c)                          in relation to Scotland and Northern Ireland, three

months.”

     (3)    The Secretary of State may by order, in accordance with subsection (4) or (5),

5

amend any relevant enactment which confers a power (however framed or

worded) by subordinate legislation to make a person—

           (a)           as regards a summary offence, liable on conviction to a term of

imprisonment,

           (b)           as regards an offence triable either way, liable on summary conviction

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to a term of imprisonment.

     (4)    An order made by virtue of paragraph (a) of subsection (3) may amend the

relevant enactment in question so as to—

           (a)           restrict the power so that a person may no longer be made liable on

conviction of a summary offence to a term of imprisonment, or

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           (b)           increase to 51 weeks the maximum term of imprisonment to which a

person may be made liable on conviction of a summary offence under

the power.

     (5)    An order made by virtue of paragraph (b) of that subsection may amend the

relevant enactment in question so as to increase the maximum term of

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imprisonment to which a person may be made liable on summary conviction

of an offence under the power—

           (a)           where the offence is committed before the commencement of an order

under section 139(a), to 12 months, and

           (b)           where the offence is committed after that commencement, to 18 months

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or, if less, the maximum term of imprisonment to which he would be

liable on conviction on indictment of the offence.

     (6)    The power conferred by subsection (3) shall not apply to the enactments

amended under subsections (1) and (2).

     (7)    An order under subsection (3) may make such supplementary, incidental or

30

consequential provision as the Secretary of State considers necessary or

expedient, including provision amending any relevant enactment.

     (8)    None of the following—

           (a)           subsections (1) and (2), or

           (b)           an order under subsection (3),

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            affects the penalty for any offence committed before the commencement of

those subsections or that order (as the case may be).

     (9)    In subsection (3) “subordinate legislation” has the same meaning as in the

Interpretation Act 1978 (c. 30).

     (10)   In this section “relevant enactment” means any enactment contained in an Act

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passed before or in the same Session as this Act.

 248   Increase in penalties for drug-related offences

     (1)    Schedule 20 (increase in penalties for certain drug-related offences) shall have

effect.

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 8 — Supplementary

    137

 

     (2)    That Schedule does not affect the penalty for any offence committed before the

commencement of that Schedule.

Term of detention and training order

 249   Term of detention and training order

     (1)    Section 101 of the Sentencing Act (which relates to detention and training

5

orders) is amended as follows.

     (2)    In subsection (1), for “subsection (2)” there is substituted “subsections (2) and

(2A)”.

     (3)    After subsection (2) there is inserted—

           “(2A)              Where—

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                  (a)                 the offence is a summary offence,

                  (b)                 the maximum term of imprisonment that a court could (in the

case of an offender aged 18 or over) impose for the offence is 51

weeks,

                         the term of a detention and training order may not exceed 6 months.”

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Chapter 8

Supplementary

 250   Sentencing: repeals

The following enactments (which are superseded by the provisions of this Part)

shall cease to have effect—

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           (a)           Part 2 of the Criminal Justice Act 1991 (c. 53) (early release of prisoners);

           (b)           sections 80 to 82 of the Crime and Disorder Act 1998 (c. 37) (sentencing

guidelines), and

           (c)           in the Sentencing Act—

                  (i)                 Chapter 3 of Part 4 (community orders available only where

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offender 16 or over),

                  (ii)                section 85 (sexual or violent offences: extension of custodial

term for licence purposes),

                  (iii)               sections 87 and 88 (remand in custody),

                  (iv)                section 109 (life sentence for second serious offence), and

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                  (v)                 Chapter 5 of Part 5 (suspended sentences).

 251   Amendments relating to sentencing

Schedule 21 (which contains amendments related to the provisions of this Part)

shall have effect.

 252   Interpretation of Part 12

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     (1)    In this Part, except where the contrary intention appears—

                    “accredited programme” has the meaning given by section 182(2);

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 8 — Supplementary

    138

 

                    “activity requirement”, in relation to a community order, custody plus

order, intermittent custody order or suspended sentence order, has the

meaning given by section 179;

                    “alcohol treatment requirement”, in relation to a community order,

custody plus order, intermittent custody order or suspended sentence

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order, has the meaning given by section 192;

                    “the appropriate officer of the court” means, in relation to a magistrates’

court, the clerk of the court;

                    “associated”, in relation to offences, is to be read in accordance with

section 161(1) of the Sentencing Act;

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                    “attendance centre” has the meaning given by section 201(2);

                    “attendance centre requirement”, in relation to a community order,

custody plus order, intermittent custody order or suspended sentence

order, has the meaning given by section 194;

                    “community order” has the meaning given by section 160(1);

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                    “community requirement”, in relation to a suspended sentence order, has

the meaning given by section 170(7);

                    “community sentence” has the meaning given by section 130(1);

                    “court” does not include a court-martial;

                    “curfew requirement”, in relation to a community order, custody plus

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order, intermittent custody order or suspended sentence order, has the

meaning given by section 184;

                    “custodial sentence” has the meaning given by section 76 of the

Sentencing Act;

                    “custody plus order” has the meaning given by section 163(4);

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                    “drug rehabilitation requirement”, in relation to a community order,

custody plus order, intermittent custody order or suspended sentence

order, has the meaning given by section 189;

                    “electronic monitoring requirement”, in relation to a community order,

custody plus order, intermittent custody order or suspended sentence

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order, has the meaning given by section 195;

                    “exclusion requirement”, in relation to a community order, custody plus

order, intermittent custody order or suspended sentence order, has the

meaning given by section 223;

                    “guardian” has the same meaning as in the Children and Young Persons

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Act 1933 (c. 12);

                    “intermittent custody order” has the meaning given by section 165(2);

                    “licence” means a licence under Chapter 6;

                    “local probation board” means a local probation board established under

section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);

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                    “mental health treatment requirement”, in relation to a community order,

custody plus order, intermittent custody order or suspended sentence

order, has the meaning given by section 187;

                    “pre-sentence report” has the meaning given by section 142(1);

                    “programme requirement”, in relation to a community order, custody

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plus order, intermittent custody order or suspended sentence order,

has the meaning given by section 182;

                    “prohibited activity requirement”, in relation to a community order,

custody plus order, intermittent custody order or suspended sentence

order, has the meaning given by section 183;

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