House of Commons - Explanatory Note
Criminal Justice Bill - continued          House of Commons

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     Schedule 24

     637.     Paragraph 1 relates to section 61 of the Criminal Justice and Court Services Act 2000, which (among other things) abolishes the sentences of detention in a young offender institution and custody for life and which is not yet in force. If provisions of Part 12 of the Bill come into force before section 61 comes into force, this paragraph enables an order under clause 268(1) to modify the provision of the Bill in relation to things done before section 61 comes into force. For example, it might be necessary to provide for a reference to a sentence of imprisonment to include a reference to a sentence of detention in a young offender institution, or for a reference to an offender aged 18 or over to have effect as a reference to an offender aged 21 or over.

     638.     Paragraph 4 makes temporary modifications of the provisions as to drug testing in section 65 of the Criminal Justice Act 1991, which is replaced by the Bill.

FINANCIAL EFFECTS OF THE BILL

639.     The financial effects of the Bill as far as Government Departments are concerned will be subject to a number of variables, including the timing of implementation and the interaction between the different provisions, and the behaviour of agencies, including the courts. On current assumptions about implementation, which are not final, current estimates are that the costs of implementation would be in the order of £34 million, £195million, £301 million, £361 million, £378 million and £390 million in the financial years 2003-2004, 2004-2005, 2005-2006, 2006-2007, 2007-2008 and 2008-2009 respectively. On current estimates the costs would be in the order of £390 million annually thereafter. These are gross costs. There will also be significant potential savings, although these have not yet been fully quantified. The Criminal Justice System departments are committed to their spending settlements; and the costs of the Bill will be met from within them. The Bill's other provisions have negligible expenditure implications for Government Departments. None of the Bill's provisions have tax implications.

640.     The main financial implications of the Bill for the public sector lie in the following areas.

  • Bail, appeal by prosecution (clause 15)

  • Bail, drug users: restriction on bail (clause 16)

  • Conditional cautions (clauses 18 to 22)

  • Charging (clauses 23 to 26)

  • Disclosure (clauses 27 to 34)

  • Prosecution appeals (clauses 49 to 61)

  • Retrial for serious offences (clauses 62 to 70)

  • Evidence of bad character (clauses 81 to 97)

  • Testimony recorded on video (clauses 121 and 122);

  • General limits on magistrates' court's power to impose imprisonment (clauses 137 to 139)

  • Sentencing and allocation guidelines (clauses 151 to 156)

  • Community orders, offenders aged 16 or over (clauses 160 to 162, and clauses 176 to 203)

  • Prison sentences of less than twelve months (clauses 163 to 164, and clauses 176 to 203)

  • Intermittent custody (clauses 165 to 168, and clauses 176 to 203)

  • Suspended sentences (clauses 170 to 175, and clauses 176 to 203)

  • Dangerous offenders (clauses 204 to 216)

  • Release on licence (clause 217 to 231)

  • Recall after release (clauses 232 to 234)

  • Drug testing and rehabilitation requirements (clause 161, clauses 189 to 190, clause 239, and clause 243)

  • Individual support orders (clause 259 to 260)

  • Attaching a parental order to a referral order (clause 261)

  • Assessing etc. risks posed by sexual or violent offenders (clauses 262 to 264)

Part 2: Bail

641.     The costs to be incurred associated with prosecution appeals against bail decisions (clause 15) will relate to the increase in Crown Prosecution Service prosecutor time, training and administration. These costs are estimated at £0.1 million annually from the financial year 2003-2004. This will result in savings as a result of reduced offending whilst on bail and as a deterrent to those on bail of approximately 1,000 offences per year equating to non-realisable cost of crime savings in the order of £1.8 million.

642.     The majority of the costs likely to be incurred associated with the restriction on bail for drug users (clause 16) will fall upon the Prison Service. This provision will be piloted in localities before decisions are made to implement it nationwide. The cost is estimated at £0.6 million, £7.3 million and £27.6 million for the financial years 2003-2004, 2004-2005 and 2005-2006 respectively. But there will be savings as more offenders are diverted into drug treatment programmes reducing the likelihood of re-offending. Costs are estimated to be in the order of £27.6 million annually thereafter.

Part 3: Conditional Cautions

643.     The majority of the costs to be incurred will relate to the provision of training and the increase in Crown Prosecution Service prosecutor time associated with the introduction and operation of a formal system for conditional cautions. The costs are estimated at £0.2 million annually from the financial year 2004-2005. The Probation Service who will be responsible for supervising compliance with the conditions will also incur costs. This Part of the Bill will result in modest savings as a result of the reduction in prosecutions.

Part 4: Charging

644.     The majority of the costs to be incurred will fall upon the Crown Prosecution Service. They will relate to the recruitment and training of additional staff, the payment of salaries and equipment costs. There will also be additional costs as a result of the time that lawyers will need to review early administrative hearing cases and to provide a presence at all major seaports and airports. The costs are estimated at £3.4 million, £17.3 million and £29 million for the financial years 2003-2004, 2004-2005 and 2005-2006 respectively. Costs are estimated to be in the order of £29 million annually thereafter. The preliminary evaluation of pilots has identified a clear raft of benefits that impact throughout the Criminal Justice System such as improvements in the rate of conviction and a reduction in the number of trials which are discontinued.

Part 5: Disclosure

645.     This Part of the Bill places an enhanced role on prosecutors in relation to disclosure. There will need to be closer collaboration between the Crown Prosecution Service and the police, and an earlier involvement of the Crown Prosecution Service in the disclosure process. The majority of the costs to be incurred will fall upon the Crown Prosecution Service. They will relate to the payment of salaries for additional staff and equipment costs. The costs are estimated at £1.5 million, £14.4 million and £12.4 million for the financial years 2003-2004, 2004-2005 and 2005-2006 respectively. Costs are estimated to be in the order of £12.4 million annually thereafter. Benefits will include a reduction in adjournments, an increase in guilty pleas, shorter more focussed trials and a reduction in acquittals over technicalities.

Part 9: Prosecution Appeals

646.     This Part of the Bill will generate an additional number of appeals. The majority of the costs to be incurred will fall upon the Crown Prosecution Service. They will relate to the provision of training, and expenditure associated with various appeals, retrials and legal aid. Costs are estimated at £0.2 million and £1.3 million for the financial years 2004-2005 and 2005-2006 respectively. Costs are estimated to be in the order of £1.3 million annually thereafter. Costs to the Lord Chancellor's Department relating to the provision of additional Appeal Court capacity are estimated at £0.7 million and £0.8 million for the financial years 2005-2006 and 2006-2007 respectively. Costs are estimated to be in the order of £0.8 million annually thereafter. Legal Aid costs are also estimated at £0.1 million annually from the financial year 2005-2006.

Part 10: Retrial for Serious Offences

647.     The majority of the costs to be incurred as a result of the retrial for serious offences will fall upon the Crown Prosecution Service, the Criminal Defence Service and the Prison Service. Costs are estimated at £0.7 million annually from the financial year 2005-2006.

Part 11: Evidence

648.     The majority of the costs to be incurred relating to evidence of bad character (clauses 81 to 97) will fall upon the Prison Service and Probation Service as a result of additional convictions. These costs are estimated at £2.4 million annually from the financial year 2005-2006.

649.     The clauses relating to testimony recorded on video (clauses 121 and 122) will enable the extension of visual recording to critical witnesses in serious crimes. The majority of the costs to be incurred will fall upon the Lord Chancellor's Department, the Crown Prosecution Service and the police. They will relate to the procurement of equipment; training of staff in the use of equipment and conduct of interviews; the making, editing, copying and storage of recordings; and the transcription of recordings. There will also be Crown Prosecution Service and Legal Aid costs associated with the additional court preparation time for lawyers. Costs are estimated at £18 million and £8.8 million in the financial years 2004-2005 and 2005-2006 respectively. Costs are estimated to be in the order of £8.8 million annually thereafter. This will improve the service to witnesses encouraging them to proceed to give their best evidence without fear of intimidation.

650     There will be training related costs associated with this Part of the Bill for lay magistrates and the professional judiciary falling upon the Lord Chancellor's Department and the Judicial Studies Board. Costs are estimated at £1million and £9.6 million in the financial years 2003-2004 and 2004-2005 respectively.

Part 12: Sentencing

651.     The majority of the costs associated with the clauses regarding sentencing guidelines (clauses 151 to 156) relate to the establishment of the Sentencing Guidelines Council and continuing of the Sentencing Advisory Panel. In the case of the former they will relate to the payment of salaries; research publication costs; accommodation and equipment costs and other non-pay related running costs. The cost of continuing the Sentencing Advisory Panel which is a non-departmental public body will continue to fall upon the Home Office and Lord Chancellor's Department the latter in relation to remuneration costs. Costs are estimated at £0.6 million in the financial year 2003-04 rising to £0.8 million annually from the financial year 2004-2005.

652.     The majority of the costs associated with the remaining sentencing part of the Bill with financial implications (i.e. Community orders, Prison sentences of less than twelve months; General limits on magistrates' court's power to impose imprisonment; Intermittent custody; Suspended sentences; Dangerous offenders; Release on license; Recall after release; Drug testing and rehabilitation requirements) will fall upon the Prison Service, Probation Service, Youth Justice Board, Lord Chancellor's Department and Judicial Studies Board. The costs will be subject to final decisions about the timing of implementation. The provisions will be implemented as part of a strategy which will aim to ensure that custody is reserved for dangerous sexual and violent offenders and seriously persistent repeat offenders, and that the benefits of community supervision are made available for more offenders.

653.     In the case of the Prison Service costs will be needed for running pilots of intermittent custody in two sites from 2004-05; and for provision of additional resources for prison regimes to support the new sentences; ensuring that OASys (the Offender Assessment System) is applied to all prisoners serving twelve months or over the provision of additional treatment programmes for dangerous offenders on the new sentences; increased administrative costs for Home Detention Curfew and Parole Board oral hearings; and the provision of a modest increase in prison places. Costs are estimated at £1.5 million, £3 million, £18 million, £39 million, £45 million, £49 million for the financial years 2003-2004, 2004-2005, 2005-2006, 2006-2007, 2007-2008 and 2008-2009 respectively. Costs are expected to be in the order of £49 million annually thereafter. Annual costs to the Prison Service in relation to drug testing and rehabilitation are estimated at £15.1 million from the financial year 2004-2005.

654.     In the case of the Probation Service resources will be needed to deal with the additional caseload resulting from increasing the proportion of all sentences to be served under licence in the community. This will involve building probation capacity; recruiting staff and training them; accommodation; and hostel accommodation for offenders. Current estimates are that an additional £19 million, £70 million, £136 million, £175 million, £186 million and £194 million for the financial years 2003-2004, 2004-2005, 2005-2006, 2006-2007, 2007-2008 and 2008-2009 respectively. Costs are expected to be in the order of £194 million annually thereafter. There will be large potential benefits in terms of crimes prevented. Also in the case of the Probation Service costs will relate to the cost of drug testing and treatment. Costs are estimated at £1 million, £10 million and £20 million for the financial years 2003-2004, 2004-2005 and 2005-2006 respectively. Costs are estimated to be in the order of £20 million annually thereafter.

655.     In the case of the Youth Justice Board costs will relate to the cost of drug testing and treatment. Costs are estimated at £2million, £5 million and £10 million for the financial years 2003-2004, 2004-2005 and 2005-2006 respectively. Costs are estimated in the order of £10 million annually thereafter. In the case of the Youth Justice Board costs will also relate to the provision of additional resource for secure accommodation and longer periods of supervision to support the new sentences for dangerous juveniles estimated at £5 million and £1 million annually respectively from the financial year 2004-2005.

656.     As a result of the clauses relating to general limits on magistrates' courts power to impose imprisonment (clauses 137 to 139) costs to the Lord Chancellor's Department in relation to the training magistrates will require are estimated at £0.2 million and £3 million for the financial years 2003-2004 and 2004-2005 respectively. The benefits of this change will be that only the more serious cases will go to the Crown Court. This will reduce the number of cases going to the Crown Court and hence increase Crown Court capacity, so that it will be able to bring cases to justice in a timely and efficiently manner. The training will also cover a clearer tariff on sentence discounts for early guilty plea, and advance indication of sentence. These too will free up Crown Court capacity by providing an incentive for early guilty pleas, where appropriate. In the case of the Lord Chancellor's Department and the Judicial Studies Board costs will also relate to the provision of training for lay magistrates, and the professional judiciary and sentencers in the new sentencing framework. Costs are estimated at £0.3 million and £7.7 million in the financial years 2003-2004 and 2004-2005 respectively.

Part 13: Miscellaneous

657.     The majority of the costs to be incurred as a result of the clauses relating to the Individual Support Orders clause (clause 259 to 260) will fall upon Youth Offending Teams. Costs are estimated at £0.2 million in the financial year 2003-2004 and £0.4 million annually from the financial year 2004-2005.

658.     It should be noted that when a court considers making a Parenting Order that it consults the Youth Offending Team as to whether there is a local parenting scheme and only makes such an order when there are local resources to deliver. The costs to be incurred as a result of attaching a parental order to a referral order will fall upon Youth Offending Teams and upon Legal Aid. Costs are estimated at £0.3 million annually from the financial year 2004-2005. It is estimated that this will prevent around 500 offences per year equating to non-realisable cost of crime savings in the order of £0.9 million.

659     The majority of the costs to be incurred as a result of the clauses relating to assessing etc. risks posed by sexual or violent offenders (clauses 262 to 264) will fall upon a number of agencies who participate in multi-agency public protection panels whose remit will be extended. More agencies will also be required to participate more fully. Costs are estimated at £3 million, £7 million and £11.6 million for the financial years 2003-2004, 2004-2005 and 2005-2006 respectively. Costs are estimated to be in the order of £11.6 million annually thereafter. These costs relate largely to the payment of expenses for lay advisers and member organisations.

EFFECTS OF THE BILL ON PUBLIC SECTOR MANPOWER

660.     The effects of the Bill on public sector manpower are set out below.

     Part 2: Bail

661.     The costs to be incurred associated with prosecution appeals against bail decisions (clause 15) will relate to the increase in Crown Prosecution Service prosecutor time, training and administration are estimated at £0.1 million from the financial year 2003-2004.

662.     The costs to the Prison Service as a result of restriction on bail for drug users (clause 16) are estimated at £0.5 million, £5.8 million and £22 million in the financial years 2003-2004, 2004-2005 and 2005-2006 respectively. These estimates are arrived at using an average cost of a prison place. As any pressure exerted by this clause upon the prison population in excess of the planned maximum capacity of the Prison Service will be addressed through Private Finance Initiative (Design, Construct, Manage and Finance) solutions, this will not add to public sector manpower.

Part 3: Conditional Cautions

663.     By the financial year 2005-2006 it is estimated that approximately 5,000 additional hours of Crown Prosecution Service prosecutor time will be required at a cost of £0.2 million associated with the introduction and operation of a formal system for conditional cautions. The Probation Service who will be responsible for supervising compliance with the conditions will also incur costs.

Part 4: Charging

664.     The cost to the Crown Prosecution Service in relation to charging pilots in the financial year 2003-2004 is estimated at £3.4 million.

665     In the financial year 2004-2005 it is estimated that 175 additional lawyers will be required by the Crown Prosecution Service at a cost of £10.3 million and that additional management responsibilities will cost £0.8 million. It is estimated that lawyers will need approximately an additional 46,000 hours to review early administrative hearing cases at a cost of £1.4 million. The Crown Prosecution Service will require an additional 20 lawyers and 15 support staff to provide a presence at all major seaports and airports at a cost of £2.1 million.

666.     In the financial year 2005-2006 and annually thereafter it is estimated that 350 lawyers will be required by the Crown Prosecution Service at a cost of £21.3 million and that additional management responsibilities will cost £1.7 million. It is estimated that lawyers will need approximately an additional 93,000 hours to review early administrative hearing cases at a cost of £2.9 million. The Crown Prosecution Service will require an additional 20 lawyers and 15 support staff to provide a presence at all major seaports and airports at a cost of £2.2 million.

Part 5: Disclosure

667.     It is estimated that 173 additional lawyers will be required by the Crown Prosecution Service, these will be recruited gradually starting with pilots in 2003. The costs to the Crown Prosecution Service are estimated at £1.5 million, £14.4 million and £12.4 million in the financial years 2003-2004, 2004-2005 and 2005-2006.

Part 9: Prosecution Appeals

668.     The majority of the costs to be incurred for additional prosecutor time and administration will fall upon the Crown Prosecution Service. It is estimated that various appeals and retrials will cost £1.3 million from the financial year 2005-2006. It is estimated that the Lord Chancellors department will require seven additional staff at a cost of £0.2 million annually from the financial year 2005-2006 in relation to the additional appeal court capacity.

Part 10:Retrial for Serious Offences

669.     The costs to the Crown Prosecution Service in additional prosecutor time and administration, and the Criminal Defence Service as a result of the retrial of serious offences are estimated at £0.4 million and £0.2 million respectively from the financial year 2005-2006. The cost to the Prison Service estimated at £0.1 million from the financial year 2005-2006 is arrived at using an average cost of a prison place. However as any pressure exerted upon the prison population in excess of the planned maximum capacity of the Prison Service will be addressed through Private Finance Initiative (Design, Construct, Manage and Finance) solutions, this will not add to public sector manpower.

Part 11: Evidence

670.     The costs to the Prison Service and the Probation Service for additional places relating to evidence of bad character (clauses 81 to 97) are estimated at £2.3 million and £0.1 million respectively in the financial year 2005-2006. The cost to the Prison Service is arrived at using an average cost of a prison place. However as any pressure exerted upon the prison population in excess of the planned maximum capacity of the Prison Service will be addressed through Private Finance Initiative (Design, Construct, Manage and Finance) solutions, this will not add to public sector manpower. The estimates arrived at for the Probation Service use an average cost of a place and would have a minimal impact upon public sector manpower.

671.     The clauses relating to testimony recorded on video (clauses 121 and 122) will enable the extension of visual recording to critical witnesses in serious crimes. It is estimated that Crown Prosecution Service and Legal Aid lawyers will require approximately an additional 33,000 hours of preparation time at a cost of £1.3 million and £1.7 million respectively in the financial year 2005-2006.

Part 12: Sentencing

672.     The staff cost relating to the Sentencing Guidelines Council and the cost of remuneration for the Sentencing Advisory Panel (clauses 151 to 156) are estimated at £0.4 million and £0.2 million respectively in the financial year 2003-2004, rising to £0.5 million and £0.2 million respectively the following year.

673.     The majority of the costs associated with the remaining sentencing part of the Bill with financial implications (i.e. Community orders, Prison sentences of less than twelve months; General limits on magistrates' court's power to impose imprisonment Intermittent custody; Suspended sentences; Dangerous offenders; Recall after release; Drug testing and rehabilitation requirements) will fall upon the Prison Service, Probation Service, Youth Justice Board, Lord Chancellor's Department and Judicial Studies Board.

674.     The cost to the Prison Service is arrived at using an average cost of a prison place. However as any pressure exerted upon the prison population in excess of the planned maximum capacity of the Prison Service will be addressed through Private Finance Initiative (Design, Construct, Manage and Finance) solutions, this will not add to public sector manpower.

675.     In the case of the Probation Service additional pay costs relating to the provision of resources to deal with the additional caseload are estimated at £11 million, £38 million, £76 million, £102 million, £109 million and £113 million for the financial years 2003-2004, 2004-2005, 2005-2006, 2006-2007, 2007-2008 and 2008-2009 respectively. This equates to 488, 1,695, 2,957, 4,463, 4,473 and 4,473 staff for each year respectively. Also in the case of the Probation Service 60 and 240 staff are expected to be required in relation to the cost of drug testing and treatment, at a cost of £4 million and £16million for the financial years 2004-2005 and 2005-2006 respectively. This is estimated to continue annually thereafter.

676.     The cost to the Youth Justice Board in relation to drug testing and treatment (estimated at £1.5million, £5 million and £9.5 million in the financial years 2003-2004, 2004-2005 and 2005-2006 respectively) and in relation to the provision of additional resource for secure accommodation and longer periods of supervision to support the new sentences for juveniles (estimated at £4.6 million and £1.4 million annually respectively from the financial year 2004-2005) are arrived at using an average cost of a place. However as any pressure exerted in excess of the planned maximum capacity may be addressed through Private Finance Initiative solutions, these are assumed not to add to public sector manpower.

Part 13: Miscellaneous

677.     It should be noted that when a court considers making a Parenting Order that it consults the Youth Offending Team as to whether there is a local parenting scheme and only makes such an order when there are local resources to deliver. The costs to as a result of attaching a parental order to a referral order which will fall upon Youth Offending Teams and upon Legal Aid are estimated at £0.2 million and £0.1 million from the financial year 2004-2005.

 
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Prepared: 29 November 2002