|
| |
| |
1A Further provision about undertakings | |
(1) Without prejudice to the generality of paragraph (b) of section 1(3) | |
above, the requirements that may be imposed by virtue of that | |
paragraph include requirements as to the residence of the offender | |
during the whole or any part of the period of deferment. | 5 |
(2) Where an offender has undertaken to comply with any requirements | |
imposed under section 1(3)(b) above the court may appoint— | |
(a) an officer of a local probation board, or | |
(b) any other person whom the court thinks appropriate, | |
to act as a supervisor in relation to him. | 10 |
(3) A person shall not be appointed under subsection (2)(b) above | |
without his consent. | |
(4) It shall be the duty of a supervisor appointed under subsection (2) | |
above— | |
(a) to monitor the offender’s compliance with the requirements; | 15 |
and | |
(b) to provide the court to which it falls to deal with the offender | |
in respect of the offence in question with such information as | |
the court may require relating to the offender’s compliance | |
with the requirements. | 20 |
1B Breach of undertakings | |
(1) A court which under section 1 above has deferred passing sentence | |
on an offender may deal with him before the end of the period of | |
deferment if— | |
(a) he appears or is brought before the court under subsection (3) | 25 |
below; and | |
(b) the court is satisfied that he has failed to comply with one or | |
more requirements imposed under section 1(3)(b) above in | |
connection with the deferment. | |
(2) Subsection (3) below applies where— | 30 |
(a) a court has under section 1 above deferred passing sentence | |
on an offender; | |
(b) the offender undertook to comply with one or more | |
requirements imposed under section 1(3)(b) above in | |
connection with the deferment; and | 35 |
(c) a person appointed under section 1A(2) above to act as a | |
supervisor in relation to the offender has reported to the | |
court that the offender has failed to comply with one or more | |
of those requirements. | |
(3) Where this subsection applies, the court may issue— | 40 |
(a) a summons requiring the offender 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. | |
| |
| |
|
| |
| |
1C Conviction of offence during period of deferment | |
(1) A court which under section 1 above has deferred passing sentence | |
on an offender may deal with him before the end of the period of | |
deferment if during that period he is convicted in Great Britain of | |
any offence. | 5 |
(2) Subsection (3) below applies where a court has under section 1 above | |
deferred passing sentence on an offender in respect of one or more | |
offences and during the period of deferment the offender is | |
convicted in England and Wales of any offence (“the later offence”). | |
(3) Where this subsection applies, then (without prejudice to subsection | 10 |
(1) above and whether or not the offender is sentenced for the later | |
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— | 15 |
(a) the power conferred by this subsection shall not be exercised | |
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’ | 20 |
court, shall not pass any sentence which could not have been | |
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 | 25 |
court may issue— | |
(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. | 30 |
1D Deferment of sentence: supplementary | |
(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 | 35 |
(5) of that Act (non-appearance of the accused) apply (without | |
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 | 40 |
court under that section to deal with the offender at the end of the | |
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 | 45 |
passing of sentence has been deferred, in any way in which | |
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 | |
sentence. | |
(3) Where— | 5 |
(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 | |
or any of the offences by committing him to the Crown Court | |
under section 3 below, | 10 |
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 | 15 |
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 | 20 |
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. | 25 |
(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— | 30 |
(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 | 35 |
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 18 | 40 |
Section 247 | |
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— | |
“(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 | 5 |
(b) that his dependency or propensity is such as requires and | |
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 | |
order (“the treatment period”) to submit to treatment by or under the | 10 |
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. | |
(4C) The required treatment shall be— | 15 |
(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; | |
but the nature of the treatment shall not be specified in the order | 20 |
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— | |
(i) the court is satisfied that arrangements have been or | 25 |
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 | |
(ii) the requirement has been recommended to the court | 30 |
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 | |
person aged 14 or over, unless he consents to its inclusion. | 35 |
(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 | |
any drug in his body during the treatment period, the offender shall | 40 |
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. | |
(4F) A testing requirement shall not be included in an action plan order | 45 |
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 | |
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. | 5 |
(4G) An action plan order including a testing requirement shall provide | |
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.” | |
2 (1) Schedule 6 to the Sentencing Act (requirements which may be included in | 10 |
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 | |
6A (1) This paragraph applies where a court proposing to make a | 15 |
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 | |
may be susceptible to treatment. | 20 |
(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 | |
the necessary qualifications and experience (“the treatment | 25 |
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 | |
be specified in the order, or | 30 |
(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. | |
(4) A requirement shall not be included in a supervision order by | 35 |
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 | |
specified in the order (including arrangements for | 40 |
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 | |
local probation board or by a member of a youth | 45 |
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 | |
a treatment requirement may also include a requirement (“a | |
testing requirement”) that, for the purpose of ascertaining | 5 |
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 | |
determined by the treatment provider, provide samples of such | |
description as may be so determined. | 10 |
(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 | 15 |
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 | 20 |
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 | 25 |
supervision orders), in paragraph 2(1), after “5” there is inserted “,6A”. | |
Schedule 19 | |
Section 248(1) | |
Summary offences no longer punishable with imprisonment | |
Vagrancy Act 1824 (c. 83) | |
1 The offence under section 3 of the Vagrancy Act 1824 (idle and disorderly | 30 |
persons) of causing or procuring or encouraging any child or children to | |
wander abroad, or place himself or herself in any public place, street, | |
highway, court, or passage, to beg or gather alms. | |
2 The following offences under section 4 of that Act (rogues and vagabonds)— | |
(a) the offence of going about as a gatherer or collector of alms, or | 35 |
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, | |
warehouse, coach-house, stable, or outhouse, or in any inclosed | |
yard, garden, or area, for any unlawful purpose, and | 40 |
(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 | |
offence for which he or she shall have been so apprehended. | |
| |
| |
|
| |
| |
Railway Regulation Act 1842 (c.55) | |
3 An offence under section 17 of the Railway Regulation Act 1842 | |
(punishment of railway employees guilty of misconduct). | |
London Hackney Carriages Act 1843 (c. 86) | |
4 An offence under section 28 of the London Hackney Carriages Act 1843 | 5 |
(punishment for furious driving etc.). | |
Town Police Clauses Act 1847 (c. 89) | |
5 An offence under section 26 of the Town Police Clauses Act 1847 (unlawful | |
release of impounded stray cattle). | |
6 An offence under section 28 of that Act (offences relating to obstructions and | 10 |
nuisances). | |
7 An offence under section 29 of that Act (drunken persons, etc. guilty of | |
violent or indecent behaviour). | |
8 An offence under section 36 of that Act (keeping places for bear-baiting, | |
cock-fighting etc.). | 15 |
Ecclesiastical Courts Jurisdiction Act 1860 (c. 32) | |
9 An offence under section 2 of the Ecclesiastical Courts Jurisdiction Act 1860 | |
(making a disturbance in churches, chapels, churchyards, etc.). | |
Town Gardens Protection Act 1863 (c. 13) | |
10 An offence under section 5 of the Town Gardens Protection Act 1863 | 20 |
(injuring gardens). | |
Public Stores Act 1875 (c. 25) | |
11 An offence under section 8 of the Public Stores Act 1875 (sweeping, etc., near | |
dockyards, artillery ranges, etc.). | |
North Sea Fisheries Act 1893 (c. 17) | 25 |
12 An offence under section 2 of the North Sea Fisheries Act 1893 (penalty for | |
supplying, exchanging, or otherwise selling spirits). | |
13 An offence under section 3 of that Act (penalty for purchasing spirits by | |
exchange or otherwise). | |
Seamen’s and Soldiers’ False Characters Act 1906 (c. 5) | 30 |
14 An offence under section 1 of the Seamen’s and Soldiers’ False Characters | |
Act 1906 (forgery of service or discharge certificate and personation). | |
| |
| |
|
