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(3) offence during the period of deferment), the court which passes | |
sentence on him for the later offence may also, if this has not already | |
been done, deal with him for the offence or offences for which | |
passing of sentence has been deferred, except that— | |
(a) the power conferred by this subsection shall not be exercised | 5 |
by a magistrates’ court if the court which deferred passing | |
sentence was the Crown Court; and | |
(b) the Crown Court, in exercising that power in a case in which | |
the court which deferred passing sentence was a magistrates’ | |
court, shall not pass any sentence which could not have been | 10 |
passed by a magistrates’ court in exercising that power. | |
(4) Where a court which under section 1 above has deferred passing | |
sentence on an offender proposes to deal with him by virtue of | |
subsection (1) above before the end of the period of deferment, the | |
court may issue— | 15 |
(a) a summons requiring him to appear before the court at a time | |
and place specified in the summons; or | |
(b) a warrant to arrest him and bring him before the court at a | |
time and place specified in the warrant. | |
1D Deferment of sentence: supplementary | 20 |
(1) In deferring the passing of sentence under section 1 above a | |
magistrates’ court shall be regarded as exercising the power of | |
adjourning the trial conferred by section 10(1) of the Magistrates’ | |
Courts Act 1980, and accordingly sections 11(1) and 13(1) to (3A) and | |
(5) of that Act (non-appearance of the accused) apply (without | 25 |
prejudice to section 1(7) above) if the offender does not appear on the | |
date specified under section 1(4) above. | |
(2) Where the passing of sentence on an offender has been deferred by a | |
court (“the original court”) under section 1 above, the power of that | |
court under that section to deal with the offender at the end of the | 30 |
period of deferment and any power of that court under section 1B(1) | |
or 1C(1) above, or of any court under section 1C(3) above, to deal | |
with the offender— | |
(a) is power to deal with him, in respect of the offence for which | |
passing of sentence has been deferred, in any way in which | 35 |
the original court could have dealt with him if it had not | |
deferred passing sentence; and | |
(b) without prejudice to the generality of paragraph (a) above, in | |
the case of a magistrates’ court, includes the power conferred | |
by section 3 below to commit him to the Crown Court for | 40 |
sentence. | |
(3) Where— | |
(a) the passing of sentence on an offender in respect of one or | |
more offences has been deferred under section 1 above, and | |
(b) a magistrates’ court deals with him in respect of the offence | 45 |
or any of the offences by committing him to the Crown Court | |
under section 3 below, | |
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the power of the Crown Court to deal with him includes the same | |
power to defer passing sentence on him as if he had just been | |
convicted of the offence or offences on indictment before the court. | |
(4) Subsection (5) below applies where— | |
(a) the passing of sentence on an offender in respect of one or | 5 |
more offences has been deferred under section 1 above; | |
(b) it falls to a magistrates’ court to determine a relevant matter; | |
and | |
(c) a justice of the peace is satisfied— | |
(i) that a person appointed under section 1A(2)(b) above | 10 |
to act as a supervisor in relation to the offender is | |
likely to be able to give evidence that may assist the | |
court in determining that matter; and | |
(ii) that that person will not voluntarily attend as a | |
witness. | 15 |
(5) The justice may issue a summons directed to that person requiring | |
him to attend before the court at the time and place appointed in the | |
summons to give evidence. | |
(6) For the purposes of subsection (4) above a court determines a | |
relevant matter if it— | 20 |
(a) deals with the offender in respect of the offence, or any of the | |
offences, for which the passing of sentence has been deferred; | |
or | |
(b) determines, for the purposes of section 1B(1)(b) above, | |
whether the offender has failed to comply with any | 25 |
requirements imposed under section 1(3)(b) above.” | |
2 In section 159 of the Sentencing Act (execution of process between England | |
and Wales and Scotland), for “section 2(4),” there is substituted “section 1(7), | |
1B(3), 1C(4),”. | |
Schedule 17 | 30 |
Section 243 | |
Inclusion of drug treatment and testing requirement in supervision order or | |
action plan order | |
1 (1) Section 70 of the Sentencing Act (requirements which may be included in | |
action plan orders and directions) is amended as follows. | |
(2) After subsection (4) there is inserted— | 35 |
“(4A) Subsection (4B) below applies where a court proposing to make an | |
action plan order is satisfied— | |
(a) that the offender is dependent on, or has a propensity to | |
misuse, drugs, and | |
(b) that his dependency or propensity is such as requires and | 40 |
may be susceptible to treatment. | |
(4B) Where this subsection applies, requirements included in an action | |
plan order may require the offender for a period specified in the | |
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order (“the treatment period”) to submit to treatment by or under the | |
direction of a specified person having the necessary qualifications | |
and experience (“the treatment provider”) with a view to the | |
reduction or elimination of the offender’s dependency on or | |
propensity to misuse drugs. | 5 |
(4C) The required treatment shall be— | |
(a) treatment as a resident in such institution or place as may be | |
specified in the order, or | |
(b) treatment as a non-resident at such institution or place, and | |
at such intervals, as may be so specified; | 10 |
but the nature of the treatment shall not be specified in the order | |
except as mentioned in paragraph (a) or (b) above. | |
(4D) A requirement shall not be included in an action plan order by virtue | |
of subsection (4B) above— | |
(a) in any case, unless— | 15 |
(i) the court is satisfied that arrangements have been or | |
can be made for the treatment intended to be | |
specified in the order (including arrangements for the | |
reception of the offender where he is to be required to | |
submit to treatment as a resident), and | 20 |
(ii) the requirement has been recommended to the court | |
as suitable for the offender by an officer of a local | |
probation board or by a member of a youth offending | |
team; and | |
(b) in the case of an order made or to be made in respect of a | 25 |
person aged 14 or over, unless he consents to its inclusion. | |
(4E) Subject to subsection (4F), an action plan order which includes a | |
requirement by virtue of subsection (4B) above may, if the offender | |
is aged 14 or over, also include a requirement (“a testing | |
requirement”) that, for the purpose of ascertaining whether he has | 30 |
any drug in his body during the treatment period, the offender shall | |
during that period, at such times or in such circumstances as may | |
(subject to the provisions of the order) be determined by the | |
responsible officer or the treatment provider, provide samples of | |
such description as may be so determined. | 35 |
(4F) A testing requirement shall not be included in an action plan order | |
by virtue of subsection (4E) above unless— | |
(a) the offender is aged 14 or over and consents to its inclusion, | |
and | |
(b) the court has been notified by the Secretary of State that | 40 |
arrangements for implementing such requirements are in | |
force in the area proposed to be specified in the order | |
(4F) A testing requirement shall specify for each month the minimum | |
number of occasions on which samples are to be provided. | |
(4G) An action plan order including a testing requirement shall provide | 45 |
for the results of tests carried out on any samples provided by the | |
offender in pursuance of the requirement to a person other than the | |
responsible officer are communicated to the responsible officer.” | |
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2 (1) Schedule 6 to the Sentencing Act (requirements which may be included in | |
supervision orders) is amended as follows. | |
(2) In paragraph 1, after “6” there is inserted “,6A”. | |
(3) After paragraph 6 there is inserted— | |
“Requirements as to drug treatment and testing | 5 |
6A (1) This paragraph applies where a court proposing to make a | |
supervision order is satisfied— | |
(a) that the offender is dependent on, or has a propensity to | |
misuse, drugs, and | |
(b) that his dependency or propensity is such as requires and | 10 |
may be susceptible to treatment. | |
(2) Where this paragraph applies, the court may include in the | |
supervision order a requirement that the offender shall, for a | |
period specified in the order (“the treatment period”), submit to | |
treatment by or under the direction of a specified person having | 15 |
the necessary qualifications and experience (“the treatment | |
provider”) with a view to the reduction or elimination of the | |
offender’s dependency on or propensity to misuse drugs. | |
(3) The required treatment shall be— | |
(a) treatment as a resident in such institution or place as may | 20 |
be specified in the order, or | |
(b) treatment as a non-resident at such institution or place, | |
and at such intervals, as may be so specified; | |
but the nature of the treatment shall not be specified in the order | |
except as mentioned in paragraph (a) or (b) above. | 25 |
(4) A requirement shall not be included in a supervision order by | |
virtue of sub-paragraph (2) above— | |
(a) in any case, unless— | |
(i) the court is satisfied that arrangements have been | |
or can be made for the treatment intended to be | 30 |
specified in the order (including arrangements for | |
the reception of the offender where he is to be | |
required to submit to treatment as a resident), and | |
(ii) the requirement has been recommended to the | |
court as suitable for the offender by an officer of a | 35 |
local probation board or by a member of a youth | |
offending team; and | |
(b) in the case of an order made or to be made in respect of a | |
person aged 14 or over, unless he consents to its inclusion. | |
(5) Subject to sub-paragraph (5), a supervision order which includes | 40 |
a treatment requirement may also include a requirement (“a | |
testing requirement”) that, for the purpose of ascertaining | |
whether he has any drug in his body during the treatment period, | |
the offender shall during that period, at such times or in such | |
circumstances as may (subject to the provisions of the order) be | 45 |
determined by the treatment provider, provide samples of such | |
description as may be so determined. | |
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(6) A testing requirement shall not be included in a supervision order | |
by virtue of sub-paragraph (5) above unless— | |
(a) the offender is aged 14 or over and consents to its | |
inclusion, and | |
(b) the court has been notified by the Secretary of State that | 5 |
arrangements for implementing such requirements are in | |
force in the area proposed to be specified in the order. | |
(7) A testing requirement shall specify for each month the minimum | |
number of occasions on which samples are to be provided. | |
(8) A supervision order including a testing requirement shall provide | 10 |
for the results of tests carried out on any samples provided by the | |
offender in pursuance of the requirement to a person other than | |
the responsible officer are communicated to the responsible | |
officer.” | |
3 In Schedule 7 to the Sentencing Act (breach, revocation and amendment of | 15 |
supervision orders), in paragraph 2(1), after “5” there is inserted “,6A”. | |
Schedule 18 | |
Section 244(1) | |
Summary offences no longer punishable with imprisonment | |
Vagrancy Act 1824 | |
1 The following offences under section 4 of the Vagrancy Act 1824 (c. 83) | 20 |
(rogues and vagabonds)— | |
(a) the offence of going about as a gatherer or collector of alms, or | |
endeavouring to procure charitable contributions of any nature or | |
kind, under any false or fraudulent pretence, | |
(b) the offence of being found in or upon any dwelling house, | 25 |
warehouse, coach-house, stable, or outhouse, or in any inclosed | |
yard, garden, or area, for any unlawful purpose, and | |
(c) the offence of being apprehended as an idle and disorderly person, | |
and violently resisting any constable, or other peace officer so | |
apprehending him or her, and being subsequently convicted of the | 30 |
offence for which he or she shall have been so apprehended. | |
Railway Regulation Act 1840 | |
2 An offence under section 16 of the Railway Regulation Act 1840 (c. 97) | |
(obstructing officers or trespassing upon railway). | |
London Hackney Carriages Act 1843 | 35 |
3 An offence under section 28 of the London Hackney Carriages Act 1843 | |
(c. 86) (punishment for furious driving etc.). | |
Town Police Clauses Act 1847 | |
4 An offence under section 26 of the Town Police Clauses Act 1847 (c. 89) | |
(unlawful release of impounded stray cattle). | 40 |
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5 An offence under section 28 of that Act (offences relating to obstructions and | |
nuisances), other than the offence of a person wilfully and indecently | |
exposing his person. | |
6 An offence under section 29 of that Act (drunken persons, etc. guilty of | |
violent or indecent behaviour). | 5 |
7 An offence under section 36 of that Act (keeping places for bear-baiting, | |
cock-fighting etc.). | |
Ecclesiastical Courts Jurisdiction Act 1860 | |
8 An offence under section 2 of the Ecclesiastical Courts Jurisdiction Act 1860 | |
(c. 32) (making a disturbance in churches, chapels, churchyards, etc.). | 10 |
Town Gardens Protection Act 1863 | |
9 An offence under section 5 of the Town Gardens Protection Act 1863 (c. 13) | |
(injuring gardens). | |
Public Stores Act 1875 | |
10 An offence under section 8 of the Public Stores Act 1875 (c. 25) (sweeping, | 15 |
etc., near dockyards, artillery ranges, etc.). | |
Regulation of Railways Act 1889 | |
11 An offence under section 5(3) of the Regulation of Railways Act 1889 (c. 57) | |
(avoiding payment of fares, etc.). | |
Seamen’s and Soldiers’ False Characters Act 1906 | 20 |
12 An offence under section 1 of the Seamen’s and Soldiers’ False Characters | |
Act 1906 (c. 5) (forgery of service or discharge certificate and personation). | |
Aliens Restriction (Amendment) Act 1919 | |
13 An offence under section 3(2) of the Aliens Restriction (Amendment) Act | |
1919 (c. 92) (promoting industrial unrest). | 25 |
Children and Young Persons Act 1933 | |
14 An offence under section 4 of the Children and Young Persons Act 1933 | |
(c. 12) (causing or allowing persons under sixteen to be used for begging). | |
Protection of Animals Act 1934 | |
15 An offence under section 2 of the Protection of Animals Act 1934 (c. 21) | 30 |
(offences relating to the prohibition of certain public contests, performances, | |
and exhibitions with animals). | |
Hill Farming Act 1946 | |
16 An offence under section 19(2) or (3) of the Hill Farming Act 1946 (c. 73) | |
(offences in relation to the control of rams). | 35 |
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Polish Resettlement Act 1947 | |
17 An offence under paragraph 7 of the Schedule to the Polish Resettlement Act | |
1947 (c. 19) (false representation or making a false statement). | |
Agriculture Act 1947 | |
18 An offence under section 14(7) of the Agriculture Act 1947 (c. 48), as | 5 |
remaining in force for the purposes of section 95 of that Act, (directions to | |
secure good estate management and good husbandry). | |
19 An offence under section 95 of that Act (failure to comply with a direction to | |
secure production). | |
Agricultural Wages Act 1948 | 10 |
20 An offence under section 12 of the Agricultural Wages Act 1948 (c. 47) | |
(hindering investigation of complaints etc.). | |
Wireless Telegraphy Act 1949 | |
21 An offence under section 11(7) of the Wireless Telegraphy Act 1949 (c. 54) | |
(enforcement of regulations as to use of apparatus), other than one within | 15 |
section 14(1A)(c) of that Act. | |
Prevention of Damage by Pests Act 1949 | |
22 An offence under section 22(5) of the Prevention of Damage by Pests Act | |
1949 (c. 55) (wrongful disclosure of information). | |
Pet Animals Act 1951 | 20 |
23 An offence under the Pet Animals Act 1951 (c. 35) (offences relating to | |
licensing of pet shops and the sale of pets), other than one under section 4 of | |
that Act. | |
Cockfighting Act 1952 | |
24 An offence under section 1 of the Cockfighting Act 1952 (c. 59) (possession | 25 |
of appliances for use in fighting of domestic fowl). | |
Agricultural Land (Removal of Surface Soil) Act 1953 | |
25 An offence under the Agricultural Land (Removal of Surface Soil) Act 1953 | |
(c. 10) (removal of surface soil without planning permission). | |
Accommodation Agencies Act 1953 | 30 |
26 An offence under section 1 of the Accommodation Agencies Act 1953 (c. 23) | |
(illegal commissions and advertisements). | |
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