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“residence requirement”, in relation to a community order, custody plus | |
order, intermittent custody order or suspended sentence order, has the | |
meaning given by section 186; | |
“responsible officer”, in relation to an offender to whom a community | |
order, a custody plus order, an intermittent custody order or a | 5 |
suspended sentence order relates, has the meaning given by section | |
177; | |
“sentence of imprisonment” does not include a committal— | |
(a) in default of payment of any sum of money, | |
(b) for want of sufficient distress to satisfy any sum of money, or | 10 |
(c) for failure to do or abstain from doing anything required to be | |
done or left undone, | |
and references to sentencing an offender to imprisonment are to be read | |
accordingly; | |
“the Sentencing Act” means the Powers of Criminal Courts (Sentencing) | 15 |
Act 2000 (c. 6); | |
“supervision requirement”, in relation to a community order, custody | |
plus order, intermittent custody order or suspended sentence order, | |
has the meaning given by section 193; | |
“suspended sentence” and “suspended sentence order” have the meaning | 20 |
given by section 170(7); | |
“unpaid work requirement”, in relation to a community order, custody | |
plus order, intermittent custody order or suspended sentence order, | |
has the meaning given by section 179; | |
“youth offending team” means a team established under section 39 of the | 25 |
Crime and Disorder Act 1998 (c. 37). | |
(2) For the purposes of any provision of this Part which requires the determination | |
of the age of a person by the court or the Secretary of State, his age is to be taken | |
to be that which it appears to the court or (as the case may be) the Secretary of | |
State to be after considering any available evidence. | 30 |
(3) Any reference in this Part to an offence punishable with imprisonment is to be | |
read without regard to any prohibition or restriction imposed by or under any | |
Act on the imprisonment of young offenders. | |
(4) For the purposes of this Part— | |
(a) a sentence falls to be imposed under section 110(2) or 111(2) of the | 35 |
Sentencing Act if it is required by that provision and the court is not of | |
the opinion there mentioned, | |
(b) a sentence falls to be imposed under section 205 or 206 if, because the | |
court is of the opinion mentioned in subsection (1)(b) of that section, the | |
court is obliged to pass a sentence complying with that section, and | 40 |
(c) a sentence falls to be imposed under section 207 or 208 if, because the | |
court is of the opinion mentioned in subsection (1)(b)(i) and (ii) of that | |
section, the court is obliged to pass a sentence complying with that | |
section. | |
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Part 13 | |
Miscellaneous | |
Miscellaneous provisions about criminal proceedings | |
253 Non-appearance of defendant: plea of guilty | |
In section 12 of the Magistrates’ Courts Act 1980 (c. 43) (non-appearance of | 5 |
accused: plea of guilty) subsection (1)(a)(i) (which excludes offences | |
punishable with imprisonment for term exceeding 3 months) is omitted. | |
254 Preparatory hearings for serious offences not involving fraud | |
In section 29 of the Criminal Procedure and Investigations Act 1996 (power to | |
order preparatory hearings) in subsection (1) (preparatory hearing may be held | 10 |
in complex or lengthy trial) after “complexity” there is inserted “a case of such | |
seriousness”. | |
255 Preparatory hearings to deal with severance and joinder of charges | |
(1) In section 7(1) of the Criminal Justice Act 1987 (c. 38) (which sets out the | |
purposes of preparatory hearings in fraud cases) after paragraph (d) there is | 15 |
inserted “or | |
“(e) considering questions as to the severance or joinder of charges.” | |
(2) In section 9(3) of that Act (determinations as to the admissibility of evidence | |
etc) after paragraph (c) there is inserted “and | |
(d) any question as to the severance or joinder of charges.” | 20 |
(3) In section 9(11) of that Act (appeals against orders or rulings under section | |
9(3)(b) or (c)) for “or (c)” there is substituted “(c) or (d)”. | |
(4) In section 29(2) of the Criminal Procedure and Investigations Act 1996 (c. 25) | |
(purposes of preparatory hearings in non-fraud cases) after paragraph (d) | |
there is inserted— | 25 |
“(e) considering questions as to the severance or joinder of | |
charges,”. | |
(5) In section 31(3) of that Act (rulings as to the admissibility of evidence etc) after | |
paragraph (b) there is inserted— | |
“(c) any question as to the severance or joinder of charges.” | 30 |
256 Reporting restrictions for preparatory hearings | |
(1) The Criminal Justice Act 1987 (c. 38) is amended as follows. | |
(2) In paragraphs (a) and (b) of section 11(1) (restrictions on reporting) for “Great | |
Britain” there is substituted “the United Kingdom”. | |
(3) In section 11A (offences in connection with reporting) after subsection (3) there | 35 |
is inserted— | |
“(3A) Proceedings for an offence under this section shall not be instituted in | |
Northern Ireland otherwise than by or with the consent of the Attorney | |
General for Northern Ireland.” | |
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(4) In section 17(3) (extent) after “sections 2 and 3;” there is inserted “sections 11 | |
and 11A;”. | |
(5) The Criminal Procedure and Investigations Act 1996 (c. 25) is amended as | |
follows. | |
(6) In paragraphs (a) and (b) of section 37(1) (restrictions on reporting) for “Great | 5 |
Britain” there is substituted “the United Kingdom”. | |
(7) In section 38 (offences in connection with reporting) after subsection (3) there | |
is inserted— | |
“(3A) Proceedings for an offence under this section shall not be instituted in | |
Northern Ireland otherwise than by or with the consent of the Attorney | 10 |
General for Northern Ireland.” | |
(8) In section 79(3) (extent) after “Parts III” there is inserted “(other than sections | |
37 and 38)”. | |
257 Awards of costs | |
(1) The Prosecution of Offences Act 1985 (c. 23) is amended as follows. | 15 |
(2) In section 16(4A) (defence costs on an appeal under section 9(11) of Criminal Justice | |
Act 1987 may be met out of central funds) after “1987“ there is inserted “or section | |
35(1) of the Criminal Procedure and Investigations Act 1996”. | |
(3) In section 18(2) (award of costs against accused in case of dismissal of appeal | |
under section 9(11) of the Criminal Justice Act 1987 etc) after paragraph (c) | 20 |
there is inserted “or | |
(d) an appeal or application for leave to appeal under section 35(1) | |
of the Criminal Procedure and Investigations Act 1996.” | |
Jury service | |
258 Jury service | 25 |
Schedule 22 (jury service) shall have effect. | |
Individual support orders | |
259 Individual support orders | |
After section 1A of the Crime and Disorder Act 1998 (c. 37) there is inserted— | |
“1AA Individual support orders | 30 |
(1) Where a court makes an anti-social behaviour order in respect of a | |
defendant who is a child or young person when that order is made, it | |
must consider whether the individual support conditions are fulfilled. | |
(2) If it is satisfied that those conditions are fulfilled, the court must make | |
an order under this section (“an individual support order”) which— | 35 |
(a) requires the defendant to comply, for a period not exceeding six | |
months, with such requirements as are specified in the order; | |
and | |
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(b) requires the defendant to comply with any directions given by | |
the responsible officer with a view to the implementation of the | |
requirements under paragraph (a) above. | |
(3) The individual support conditions are— | |
(a) that an individual support order would be desirable in the | 5 |
interests of preventing any repetition of the kind of behaviour | |
which led to the making of the anti-social behaviour order; | |
(b) that the defendant is not already subject to an individual | |
support order; and | |
(c) that the court has been notified by the Secretary of State that | 10 |
arrangements for implementing individual support orders are | |
available in the area in which it appears to it that the defendant | |
resides or will reside and the notice has not been withdrawn. | |
(4) If the court is not satisfied that the individual support conditions are | |
fulfilled, it shall state in open court that it is not so satisfied and why it | 15 |
is not. | |
(5) The requirements that may be specified under subsection (2)(a) above | |
are those that the court considers desirable in the interests of | |
preventing any repetition of the kind of behaviour which led to the | |
making of the anti-social behaviour order. | 20 |
(6) Requirements included in an individual support order, or directions | |
given under such an order by a responsible officer, may require the | |
defendant to do all or any of the following things— | |
(a) to participate in activities specified in the requirements or | |
directions at a time or times so specified; | 25 |
(b) to present himself to a person or persons so specified at a place | |
or places and at a time or times so specified; | |
(c) to comply with any arrangements for his education so specified. | |
(7) But requirements included in, or directions given under, such an order | |
may not require the defendant to attend (whether at the same place or | 30 |
at different places) on more than two days in any week; and “week” | |
here means a period of seven days beginning with a Sunday. | |
(8) Requirements included in, and directions given under, an individual | |
support order shall, as far as practicable, be such as to avoid— | |
(a) any conflict with the defendant’s religious beliefs; and | 35 |
(b) any interference with the times, if any, at which he normally | |
works or attends school or any other educational establishment. | |
(9) Before making an individual support order, the court shall obtain from | |
a social worker of a local authority social services department or a | |
member of a youth offending team any information which it considers | 40 |
necessary in order— | |
(a) to determine whether the individual support conditions are | |
fulfilled, or | |
(b) to determine what requirements should be imposed by an | |
individual support order if made, | 45 |
and shall consider that information. | |
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(10) In this section and section 1AB below “responsible officer”, in relation | |
to an individual support order, means one of the following who is | |
specified in the order, namely— | |
(a) a social worker of a local authority social services department; | |
(b) a person nominated by a person appointed as chief education | 5 |
officer under section 532 of the Education Act 1996 (c. 56); | |
(c) a member of a youth offending team. | |
1AB Individual support orders: explanation, breach, amendment etc | |
(1) Before making an individual support order, the court shall explain to | |
the defendant in ordinary language— | 10 |
(a) the effect of the order and of the requirements proposed to be | |
included in it; | |
(b) the consequences which may follow (under subsection (3) | |
below) if he fails to comply with any of those requirements; and | |
(c) that the court has power (under subsection (6) below) to review | 15 |
the order on the application either of the defendant or of the | |
responsible officer. | |
(2) The power of the Secretary of State under section 157(4) of the Criminal | |
Justice Act 2003 includes power by order to— | |
(a) prescribe cases in which subsection (1) above does not apply; | 20 |
and | |
(b) prescribe cases in which the explanation referred to in that | |
subsection may be made in the absence of the defendant, or may | |
be provided in written form. | |
(3) If the person in respect of whom an individual support order is made | 25 |
fails without reasonable excuse to comply with any requirement | |
included in the order, he is guilty of an offence and liable on summary | |
conviction to a fine not exceeding— | |
(a) if he is aged 14 or over at the date of his conviction, £1,000; | |
(b) if he is aged under 14 then, £250. | 30 |
(4) No referral order under section 16(2) or (3) of the Powers of Criminal | |
Courts (Sentencing) Act 2000 (referral of young offenders to youth | |
offender panels) may be made in respect of an offence under subsection | |
(3) above. | |
(5) If the anti-social behaviour order as a result of which an individual | 35 |
support order was made ceases to have effect, the individual support | |
order (if it has not previously ceased to have effect) ceases to have effect | |
when the anti-social behaviour order does. | |
(6) On an application made by complaint by— | |
(a) the person subject to an individual support order, or | 40 |
(b) the responsible officer, | |
the court which made the individual support order may vary or | |
discharge it by a further order. | |
(7) If the anti-social behaviour order as a result of which an individual | |
support order was made is varied, the court varying the anti-social | 45 |
behaviour order may by a further order vary or discharge the | |
individual support order.” | |
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