House of Commons portcullis
House of Commons
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Criminal Justice Bill


Criminal Justice Bill
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing

    78

 

 138   Consecutive terms of imprisonment

     (1)    Section 133 of the Magistrates’ Courts Act 1980 (c. 43) (consecutive terms of

imprisonment) is amended as follows.

     (2)    In subsection (1), for “6 months” there is substituted “65 weeks”.

     (3)    Subsection (2) is omitted.

5

     (4)    In subsection (3) for “the preceding subsections” there is substituted

“subsection (1) above”.

 139   Power to increase limits

The Secretary of State may by order—

           (a)           amend subsections (1) and (2) of section 137 by substituting for each

10

reference to 12 months a reference to 18 months, and

           (b)           amend subsection (1) of section 133 of the Magistrates’ Courts Act 1980

(c. 43) by substituting for the reference to 65 weeks (inserted by section

138(2)) a reference to 24 months.

Procedural requirements for imposing community sentences and discretionary custodial

15

sentences

 140   Pre-sentence reports and other requirements

     (1)    In forming any such opinion as is mentioned in section 131(1), (2)(b) or (3)(b),

section 135(2) or section 136(2), a court must take into account all such

information as is available to it about the circumstances of the offence or (as the

20

case may be) of the offence and the offence or offences associated with it,

including any aggravating or mitigating factors.

     (2)    In forming any such opinion as is mentioned in section 131(2)(a) or (3)(a), the

court may take into account any information about the offender which is before

it.

25

     (3)    Subject to subsection (4) below, a court must obtain and consider a pre-

sentence report before—

           (a)           in the case of a custodial sentence, forming any such opinion as is

mentioned in section 135(2), section 136(2), section 205(1)(b), section

206(1)(b), section 207(1)(b)(i) or section 208(1)(b)(i), or

30

           (b)           in the case of a community sentence, forming any such opinion as is

mentioned in section 131(1), (2)(b) or (3)(b) or any opinion as to the

suitability for the offender of the particular requirement or

requirements to be imposed by the community order.

     (4)    Subsection (3) does not apply if, in the circumstances of the case, the court is of

35

the opinion that it is unnecessary to obtain a pre-sentence report.

     (5)    In a case where the offender is aged under 18 and the offence is not triable only

on indictment and there is no other offence associated with it that is triable only

on indictment, the court must not form the opinion mentioned in subsection (4)

unless—

40

           (a)           there exists a previous pre-sentence report obtained in respect of the

offender, and

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing

    79

 

           (b)           the court has had regard to the information contained in that report, or,

if there is more than one such report, the most recent report.

     (6)    No custodial sentence or community sentence is invalidated by the failure of a

court to obtain and consider a pre-sentence report before forming an opinion

referred to in subsection (3), but any court on an appeal against such a

5

sentence—

           (a)           must, subject to subsection (7), obtain a pre-sentence report if none was

obtained by the court below, and

           (b)           must consider any such report obtained by it or by that court.

     (7)    Subsection (6)(a) does not apply if the court is of the opinion—

10

           (a)           that the court below was justified in forming an opinion that it was

unnecessary to obtain a pre-sentence report, or

           (b)           that, although the court below was not justified in forming that opinion,

in the circumstances of the case at the time it is before the court, it is

unnecessary to obtain a pre-sentence report.

15

     (8)    In a case where the offender is aged under 18 and the offence is not triable only

on indictment and there is no other offence associated with it that is triable only

on indictment, the court must not form the opinion mentioned in subsection (7)

unless—

           (a)           there exists a previous pre-sentence report obtained in respect of the

20

offender, and

           (b)           the court has had regard to the information contained in that report, or,

if there is more than one such report, the most recent report.

 141   Additional requirements in case of mentally disordered offender

     (1)    Subject to subsection (2), in any case where the offender is or appears to be

25

mentally disordered, the court must obtain and consider a medical report

before passing a custodial sentence other than one fixed by law.

     (2)    Subsection (1) does not apply if, in the circumstances of the case, the court is of

the opinion that it is unnecessary to obtain a medical report.

     (3)    Before passing a custodial sentence other than one fixed by law on an offender

30

who is or appears to be mentally disordered, a court must consider—

           (a)           any information before it which relates to his mental condition

(whether given in a medical report, a pre-sentence report or otherwise),

and

           (b)           the likely effect of such a sentence on that condition and on any

35

treatment which may be available for it.

     (4)    No custodial sentence which is passed in a case to which subsection (1) applies

is invalidated by the failure of a court to comply with that subsection, but any

court on an appeal against such a sentence—

           (a)           must obtain a medical report if none was obtained by the court below,

40

and

           (b)           must consider any such report obtained by it or by that court.

     (5)    In this section “mentally disordered”, in relation to any person, means

suffering from a mental disorder within the meaning of the Mental Health Act

1983 (c. 20).

45

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing

    80

 

     (6)    In this section “medical report” means a report as to an offender’s mental

condition made or submitted orally or in writing by a registered medical

practitioner who is approved for the purposes of section 12 of the Mental

Health Act 1983 (c. 20) by the Secretary of State as having special experience in

the diagnosis or treatment of mental disorder.

5

     (7)    Nothing in this section is to be taken to limit the generality of section 140.

 142   Meaning of “pre-sentence report”

     (1)    In this Part “pre-sentence report” means a report in writing which—

           (a)           with a view to assisting the court in determining the most suitable

method of dealing with an offender, is made or submitted by an

10

appropriate officer, and

           (b)           contains information as to such matters, presented in such manner, as

may be prescribed by rules made by the Secretary of State.

     (2)    In subsection (1) “an appropriate officer” means—

           (a)           where the offender is aged 18 or over, an officer of a local probation

15

board, and

           (b)           where the offender is aged under 18, an officer of a local probation

board, a social worker of a local authority social services department or

a member of a youth offending team.

Disclosure of pre-sentence reports etc

20

 143   Disclosure of pre-sentence reports

     (1)    This section applies where the court obtains a pre-sentence report.

     (2)    Subject to subsections (3) and (4), the court must give a copy of the report—

           (a)           to the offender, his counsel or solicitor, and

           (b)           to the prosecutor, that is to say, the person having the conduct of the

25

proceedings in respect of the offence.

     (3)    If the offender is aged under 17 and is not represented by counsel or a solicitor,

a copy of the report need not be given to him but must be given to his parent

or guardian if present in court.

     (4)    If the prosecutor is not of a description prescribed by order made by the

30

Secretary of State, a copy of the report need not be given to the prosecutor if the

court considers that it would be inappropriate for him to be given it.

     (5)    No information obtained by virtue of subsection (2)(b) may be used or

disclosed otherwise than for the purpose of—

           (a)           determining whether representations as to matters contained in the

35

report need to be made to the court, or

           (b)           making such representations to the court.

 144   Other reports of local probation boards and members of youth offending

teams

     (1)    This section applies where—

40

           (a)           a report by an officer of a local probation board or a member of a youth

offending team is made to any court (other than a youth court) with a

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing

    81

 

           (a)           view to assisting the court in determining the most suitable method of

dealing with any person in respect of an offence, and

           (b)           the report is not a pre-sentence report.

     (2)    Subject to subsection (3), the court must give a copy of the report to the

offender or his counsel or solicitor.

5

     (3)    If the offender is aged under 17 and is not represented by counsel or a solicitor,

a copy of the report need not be given to him but must be given to his parent

or guardian if present in court.

Pre-sentence drug testing

 145   Pre-sentence drug testing

10

     (1)    Where a person aged 14 or over is convicted of an offence and the court is

considering passing a community sentence, it may make an order under

subsection (2) for the purpose of ascertaining whether the offender has any

specified Class A drug in his body.

     (2)    The order requires the offender to provide, in accordance with the order,

15

samples of any description specified in the order.

     (3)    Where the offender has not attained the age of 16, the order must provide for

the samples to be provided in the presence of an appropriate adult.

     (4)    If it is proved to the satisfaction of the court that the offender has, without

reasonable excuse, failed to comply with the order it may impose on him a fine

20

of an amount not exceeding level 4.

     (5)    In subsection (4) “level 4” means the amount which, in relation to a fine for a

summary offence, is level 4 on the standard scale.

     (6)    The court may not make an order under subsection (2) unless it has been

notified by the Secretary of State that the power to make such orders is

25

exercisable by the court and the notice has not been withdrawn.

     (7)    The Secretary of State may by order amend subsection (1) by substituting for

the age for the time being specified there a different age specified in the order.

     (8)    In this section—

                    “appropriate adult”, in relation to a person under the age of 16, means—

30

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

or voluntary organisation, a person representing that authority

or organisation,

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

or

35

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

responsible person aged 18 or over who is not a police officer, a

prison officer or a person employed by the police.

                    “specified Class A drug” has the same meaning as in Part 3 of the Criminal

Justice and Court Services Act 2000 (c. 43).

40

 

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2002
Revised 21 November 2002