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Criminal Justice Bill


Criminal Justice Bill
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 and 3

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                   but the nature of the treatment shall not be specified in the order except as

mentioned in paragraph (a), (b) or (c) above.

 195   Supervision requirement

     (1)    In this Part “supervision requirement”, in relation to a relevant order, means a

requirement that, during the relevant period, the offender must attend

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appointments with the responsible officer or another person determined by the

responsible officer, at such time and place as may be determined by the officer.

     (2)    The purpose for which a supervision requirement may be imposed is that of

promoting the offender’s rehabilitation.

     (3)    In subsection (1) “the relevant period” means—

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           (a)           in relation to a community order, the period for which the community

order remains in force,

           (b)           in relation to a custody plus order, the licence period as defined by

section 165(3)(b),

           (c)           in relation to an intermittent custody order, the licence periods as

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defined by section 167(3), and

           (d)           in relation to a suspended sentence order, the supervision period as

defined by section 172(1)(a).

Requirements available only in case of offenders aged under 25

 196   Attendance centre requirement

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     (1)    In this Part “attendance centre requirement”, in relation to a relevant order,

means a requirement that the offender must attend at an attendance centre

specified in the relevant order for such number of hours as may be so specified.

     (2)    The aggregate number of hours for which the offender may be required to

attend at an attendance centre must not be less than 12 or more than 36.

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     (3)    The court may not impose an attendance centre requirement unless the court

is satisfied that the attendance centre to be specified in it is reasonably

accessible to the offender concerned, having regard to the means of access

available to him and any other circumstances.

     (4)    The first time at which the offender is required to attend at the attendance

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centre is a time notified to the offender by the responsible officer.

     (5)    The subsequent hours are to be fixed by the officer in charge of the centre,

having regard to the offender’s circumstances.

     (6)    An offender may not be required under this section to attend at an attendance

centre on more than one occasion on any day, or for more than three hours on

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any occasion.

Electronic monitoring

 197   Electronic monitoring requirement

     (1)    In this Part “electronic monitoring requirement”, in relation to a relevant order,

means a requirement for securing the electronic monitoring of the offender’s

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Criminal Justice Bill
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 and 3

    114

 

     (1)    compliance with other requirements imposed by the order during a period

specified in the order, or determined by the responsible officer in accordance

with the relevant order.

     (2)    Where—

           (a)           it is proposed to include in a relevant order a requirement for securing

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electronic monitoring in accordance with this section, but

           (b)           there is a person (other than the offender) without whose co-operation

it will not be practicable to secure the monitoring,

            the requirement may not be included in the order without that person’s

consent.

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     (3)    A relevant order which includes an electronic monitoring requirement must

include provision for making a person responsible for the monitoring; and a

person who is made so responsible must be of a description specified in an

order made by the Secretary of State.

     (4)    Where an electronic monitoring requirement is required to take effect during a

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period determined by the responsible officer in accordance with the relevant

order, the responsible officer must, before the beginning of that period, notify

           (a)           the offender,

           (b)           the person responsible for the monitoring, and

           (c)           any person falling within subsection (2)(b),

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            of the time when the period is to begin.

Provisions applying to relevant orders generally

 198   Petty sessions area to be specified in relevant order

     (1)    A community order or suspended sentence order must specify the petty

sessions area in which the offender resides or will reside.

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     (2)    A custody plus order or an intermittent custody order must specify the petty

sessions area in which the offender will reside—

           (a)           in the case of a custody plus order, during the licence periods as defined

by section 165(3)(b), or

           (b)           in the case of an intermittent custody order, during the licence periods

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as defined by section 167(3).

 199   Requirement to avoid conflict with religious beliefs, etc

     (1)    The court must ensure, as far as practicable, that any requirement imposed by

a relevant order is such as to avoid—

           (a)           any conflict with the offender’s religious beliefs or with the

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requirements of any other relevant order to which he may be subject;

and

           (b)           any interference with the times, if any, at which he normally works or

attends school or any other educational establishment.

     (2)    The responsible officer in relation to an offender to whom a relevant order

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relates must ensure, as far as practicable, that any instructions given or

requirement imposed by him in pursuance of the order is such as to avoid the

conflict or interference mentioned in subsection (1).

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 and 3

    115

 

     (3)    The Secretary of State may by order provide that subsection (1) or (2) is to have

effect with such additional restrictions as may be specified in the order.

 200   Availability of arrangements in local area

     (1)    A court may not include an unpaid work requirement in a relevant order

unless the court is satisfied that provision for the offender to work under such

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a requirement can be made under the arrangements for persons to perform

work under such a requirement which exist in the petty sessions area in which

he resides or will reside.

     (2)    A court may not include an activity requirement in a relevant order unless the

court is satisfied that provision for the offender to participate in the activities

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proposed to be specified in the order can be made under the arrangements for

persons to participate in such activities which exist in the petty sessions area in

which he resides or will reside.

     (3)    A court may not include an attendance centre requirement in a relevant order

in respect of an offender unless the court has been notified by the Secretary of

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State that an attendance centre is available for persons of his description.

     (4)    A court may not include an electronic monitoring requirement in a relevant

order in respect of an offender unless the court—

           (a)           has been notified by the Secretary of State that electronic monitoring

arrangements are available in the relevant areas mentioned in

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subsections (5) to (7), and

           (b)           is satisfied that the necessary provision can be made under those

arrangements.

     (5)    In the case of a relevant order containing a curfew requirement or an exclusion

requirement, the relevant area for the purposes of subsection (4) is the area in

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which the place proposed to be specified in the order is situated.

     (6)    In the case of a relevant order containing an attendance centre requirement, the

relevant area for the purposes of subsection (4) is the area in which the

attendance centre proposed to be specified in the order is situated.

     (7)    In the case of any other relevant order, the relevant area for the purposes of

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subsection (4) is the petty sessions area proposed to be specified in the order.

     (8)    In subsection (5) “place”, in relation to an exclusion requirement, has the same

meaning as in section 187.

 201   Provision of copies of relevant orders

     (1)    The court by which any relevant order is made must forthwith provide copies

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of the order—

           (a)           to the offender,

           (b)           if the offender is aged 18 or over, to an officer of a local probation board

assigned to the court,

           (c)           if the offender is aged 16 or 17, to an officer of a local probation board

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assigned to the court or to a member of a youth offending team

assigned to the court, and

           (d)           where the order specifies a petty sessions area for which the court

making the order does not act, to the local probation board acting for

that area.

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Criminal Justice Bill
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 and 3

    116

 

     (2)    Where a relevant order imposes any requirement specified in the first column

of Schedule 11, the court by which the order is made must also forthwith

provide the person specified in relation to that requirement in the second

column of that Schedule with a copy of so much of the order as relates to that

requirement.

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     (3)    Where a relevant order specifies a petty sessions area for which the court

making the order does not act, the court making the order must provide to the

magistrates’s court acting for that area—

           (a)           a copy of the order, and

           (b)           such documents and information relating to the case as it considers

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likely to be of assistance to a court acting for that area in the exercise of

its functions in relation to the order.

 202   Duty of offender to keep in touch with responsible officer

     (1)    An offender in respect of whom a community order or a suspended sentence

order is in force—

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           (a)           must keep in touch with the responsible officer in accordance with such

instructions as he may from time to time be given by that officer, and

           (b)           must notify him of any change of address.

     (2)    The obligation imposed by subsection (1) is enforceable as if it were a

requirement imposed by the order.

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Powers of Secretary of State

 203   Provision of attendance centres

     (1)    The Secretary of State may continue to provide attendance centres.

     (2)    In this Part “attendance centre” means a place at which offenders aged under

25 may be required to attend and be given under supervision appropriate

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occupation or instruction in pursuance of—

           (a)           attendance centre requirements of community orders, or

           (b)           attendance centre orders under section 60 of the Sentencing Act.

     (3)    For the purpose of providing attendance centres, the Secretary of State may

make arrangements with any local authority or police authority for the use of

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premises of that authority.

 204   Rules

     (1)    The Secretary of State may make rules for regulating—

           (a)           the supervision of persons who are subject to relevant orders,

           (b)           without prejudice to the generality of paragraph (a), the functions of

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responsible officers in relation to offenders subject to relevant orders,

           (c)           the arrangements to be made by local probation boards for persons

subject to unpaid work requirements to perform work and the

performance of such work,

           (d)           the provision and carrying on of attendance centres and community

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rehabilitation centres,

           (e)           the attendance of persons subject to activity requirements or

attendance centre requirements at the places at which they are required

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 5 — Dangerous offenders

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           (e)           to attend, including hours of attendance, reckoning days of attendance

and the keeping of attendance records,

           (f)           electronic monitoring in pursuance of an electronic monitoring

requirement, and

           (g)           without prejudice to the generality of paragraph (f), the functions of

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persons made responsible for securing electronic monitoring in

pursuance of such a requirement.

     (2)    Rules under subsection (1)(c) may, in particular, make provision—

           (a)           limiting the number of hours of work to be done by a person on any one

day,

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           (b)           as to the reckoning of hours worked and the keeping of work records,

and

           (c)           for the payment of travelling and other expenses in connection with the

performance of work.

 205   Power to amend limits

15

     (1)    The Secretary of State may by order amend subsection (2) of section 181

(unpaid work requirement) by substituting, for the maximum number of hours

for the time being specified in that subsection, such other number of hours as

may be specified in the order.

     (2)    The Secretary of State may by order amend any of the provisions mentioned in

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subsection (3) by substituting, for any period for the time being specified in the

provision, such other period as may be specified in the order.

     (3)    Those provisions are—

           (a)           section 186(3) (curfew requirement);

           (b)           section 187(2) (exclusion requirement);

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           (c)           section 191(3) (drug rehabilitation requirement);

           (d)           section 194(4) (alcohol treatment requirement).

Chapter 5

Dangerous offenders

 206   Meaning of “specified offence” etc.

30

     (1)    An offence is a “specified offence” for the purposes of this Chapter if it is a

specified violent offence or a specified sexual offence.

     (2)    An offence is a “serious offence” for the purposes of this Chapter if and only

if—

           (a)           it is a specified offence, and

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           (b)           it is, apart from section 207, punishable in the case of a person aged 18

or over by—

                  (i)                 imprisonment for life, or

                  (ii)                imprisonment for a determinate period of ten years or more.

     (3)    In this Chapter—

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                    “relevant offence” has the meaning given by section 211(4);

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 5 — Dangerous offenders

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                    “serious harm” means death or serious personal injury, whether physical

or psychological;

                    “specified violent offence” means an offence specified in Part 1 of

Schedule 12;

                    “specified sexual offence” means an offence specified in Part 2 of that

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Schedule.

 207   Life sentence or imprisonment for public protection for serious offences

     (1)    This section applies where—

           (a)           a person aged 18 or over is convicted of a serious offence committed

after the commencement of this section, and

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           (b)           the court is of the opinion that there is a significant risk to members of

the public of serious harm occasioned by the commission by him of

further specified offences.

     (2)    If—

           (a)           the offence is one in respect of which the offender would apart from this

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section be liable to imprisonment for life, and

           (b)           the court considers that the seriousness of the offence, or of the offence

and one or more offences associated with it, is such as to justify the

imposition of a sentence of imprisonment for life,

            the court must impose a sentence of imprisonment for life.

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     (3)    In a case not falling within subsection (2), the court must impose a sentence of

imprisonment for public protection.

     (4)    A sentence of imprisonment for public protection is a sentence of

imprisonment for an indeterminate period, subject to the provisions of Chapter

2 of Part 2 of the Crime (Sentences) Act 1997 (c. 43) as to the release of prisoners

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and duration of licences.

     (5)    An offence the sentence for which is imposed under this section is not to be

regarded as an offence the sentence for which is fixed by law.

 208   Detention for life or detention for public protection for serious offences

committed by those under 18

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     (1)    This section applies where—

           (a)           a person aged under 18 is convicted of a serious offence committed

after the commencement of this section, and

           (b)           the court is of the opinion that there is a significant risk to members of

the public of serious harm occasioned by the commission by him of

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further specified offences.

     (2)    If—

           (a)           the offence is one in respect of which the offender would apart from this

section be liable to a sentence of detention for life under section 91 of

the Sentencing Act, and

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           (b)           the court considers that the seriousness of the offence, or of the offence

and one or more offences associated with it, is such as to justify the

imposition of a sentence of detention for life,

            the court must impose a sentence of detention for life under that section.

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 5 — Dangerous offenders

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     (3)    If, in a case not falling within subsection (2), the court considers that an

extended sentence under section 210 would not be adequate for the purpose of

protecting the public from serious harm occasioned by the commission by the

offender of further specified offences, the court must impose a sentence of

detention for public protection.

5

     (4)    A sentence of detention for public protection is a sentence of detention for an

indeterminate period, subject to the provisions of Chapter 2 of Part 2 of the

Crime (Sentences) Act 1997 (c. 43) as to the release of prisoners and duration of

licences.

     (5)    An offence the sentence for which is imposed under this section is not to be

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regarded as an offence the sentence for which is fixed by law.

 209   Extended sentence for certain violent or sexual offences: persons 18 or over

     (1)    This section applies where—

           (a)           a person aged 18 or over is convicted of a specified offence, other than

a serious offence, committed after the commencement of this section,

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and

           (b)           the court considers that there is a significant risk to members of the

public of serious harm occasioned by the commission by the offender

of further specified offences.

     (2)    The court must impose on the offender an extended sentence of imprisonment,

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that is to say, a sentence of imprisonment the term of which is equal to the

aggregate of—

           (a)           the appropriate custodial term, and

           (b)           a further period (“the extension period”) for which the offender is to be

subject to a licence and which is of such length as the court considers

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necessary for the purpose of protecting members of the public from

serious harm occasioned by the commission by him of further specified

offences.

     (3)    In subsection (2) “the appropriate custodial term” means a term of

imprisonment (not exceeding the maximum term permitted for the offence)

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which—

           (a)           is the term that would (apart from this section) be imposed in

compliance with section 137(2), or

           (b)           where the term that would be so imposed is a term of less than 12

months, is a term of 12 months.

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     (4)    The extension period must not exceed—

           (a)           five years in the case of a specified violent offence, and

           (b)           eight years in the case of a specified sexual offence.

     (5)    The term of an extended sentence of imprisonment passed under this section

in respect of an offence must not exceed the maximum term permitted for the

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offence.

 210   Extended sentence for certain violent or sexual offences: persons under 18

     (1)    This section applies where—

           (a)           a person aged under 18 is convicted of a specified offence committed

after the commencement of this section, and

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