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Criminal Justice Bill


Criminal Justice Bill
Part 12 — Sentencing
Chapter 3 — Prison sentences of less than 12 months

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     (7)    In this Part—

           (a)           “suspended sentence order” means an order under subsection (1),

           (b)           “suspended sentence” means a sentence to which a suspended sentence

order relates, and

           (c)           “community requirement”, in relation to a suspended sentence order,

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means a requirement imposed under subsection (1)(a).

 173   Imposition of requirements by suspended sentence order

     (1)    The requirements falling within this subsection are—

           (a)           an unpaid work requirement (as defined by section 181),

           (b)           an activity requirement (as defined by section 183),

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           (c)           a programme requirement (as defined by section 184),

           (d)           a prohibited activity requirement (as defined by section 185),

           (e)           a curfew requirement (as defined by section 186),

           (f)           an exclusion requirement (as defined by section 187),

           (g)           a residence requirement (as defined by section 188),

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           (h)           a mental health treatment requirement (as defined by section 189),

           (i)           a drug rehabilitation requirement (as defined by section 191),

           (j)           an alcohol treatment requirement (as defined by section 194),

           (k)           a supervision requirement (as defined by section 195), and

           (l)           in a case where the offender is aged under 25, an attendance centre

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requirement (as defined by section 196).

     (2)    Section 172(1)(a) has effect subject to section 200 and to the following

provisions of Chapter 4 relating to particular requirements—

           (a)           section 181(3) (unpaid work requirement),

           (b)           section 183(3) and (4) (activity requirement),

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           (c)           section 184(4) and (5) (programme requirement),

           (d)           section 185(2) (prohibited activity requirement),

           (e)           section 189(3) (mental health treatment requirement),

           (f)           section 191(2) (drug rehabilitation requirement), and

           (g)           section 194(2) and (3) (alcohol treatment requirement).

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     (3)    Where the court makes a suspended sentence order imposing a curfew

requirement or an exclusion requirement, it must also impose an electronic

monitoring requirement (as defined by section 197) unless—

           (a)           the court is prevented from doing so by section 197(2) or 200(4), or

           (b)           in the particular circumstances of the case, it considers it inappropriate

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to do so.

     (4)    Where the court makes a suspended sentence order imposing an unpaid work

requirement, an activity requirement, a programme requirement, a prohibited

activity requirement, a residence requirement, a mental health treatment

requirement, a drug rehabilitation requirement, an alcohol treatment

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requirement, a supervision requirement or an attendance centre requirement,

the court may also impose an electronic monitoring requirement unless the

court is prevented from doing so by section 197(2) or 200(4).

     (5)    Before making a suspended sentence order imposing two or more different

requirements falling within subsection (1), the court must consider whether, in

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the circumstances of the case, the requirements are compatible with each other.

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 3 — Prison sentences of less than 12 months

    100

 

 174   Power to provide for review of suspended sentence order

     (1)    A suspended sentence order may—

           (a)           provide for the order to be reviewed periodically at specified intervals,

           (b)           provide for each review to be made, subject to section 175(4), at a

hearing held for the purpose by the court responsible for the order (a

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“review hearing”),

           (c)           require the offender to attend each review hearing, and

           (d)           provide for the responsible officer to make to the court responsible for

the order, before each review, a report on the offender’s progress in

complying with the community requirements of the order.

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     (2)    Subsection (1) does not apply in the case of an order imposing a drug

rehabilitation requirement (provision for such a requirement to be subject to

review being made by section 192).

     (3)    In this section references to the court responsible for a suspended sentence

order are references—

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           (a)           where a court is specified in the order in accordance with subsection (4),

to that court;

           (b)           in any other case, to the court by which the order is made.

     (4)    Where the area specified in a suspended sentence order made by a magistrates’

court is not the area for which the court acts, the court may, if it thinks fit,

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include in the order provision specifying for the purpose of subsection (3) a

magistrates’ court which acts for the area specified in the order.

     (5)    Where a suspended sentence order has been made on an appeal brought from

the Crown Court or from the criminal division of the Court of Appeal, it is to

be taken for the purposes of subsection (3)(b) to have been made by the Crown

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Court.

 175   Periodic reviews of suspended sentence order

     (1)    At a review hearing (within the meaning of subsection (1) of section 174) the

court may, after considering the responsible officer’s report referred to in that

subsection, amend the community requirements of the suspended sentence

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order, or any provision of the order which relates to those requirements.

     (2)    The court—

           (a)           may not amend the community requirements of the order so as to

impose a requirement of a different kind unless the offender expresses

his willingness to comply with that requirement,

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           (b)           may not amend a mental health treatment requirement, a drug

rehabilitation requirement or an alcohol treatment requirement unless

the offender expresses his willingness to comply with the requirement

as amended,

           (c)           may amend the supervision period only if the period as amended

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complies with section 172(3) and (4),

           (d)           may not amend the operational period of the suspended sentence, and

           (e)           except with the consent of the offender, may not amend the order while

an appeal against the order is pending.

     (3)    For the purposes of subsection (2)(a)—

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Criminal Justice Bill
Part 12 — Sentencing
Chapter 3 — Prison sentences of less than 12 months

    101

 

           (a)           a community requirement falling within any paragraph of section

173(1) is of the same kind as any other community requirement falling

within that paragraph, and

           (b)           an electronic monitoring requirement is a community requirement of

the same kind as any requirement falling within section 173(1) to which

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it relates.

     (4)    If before a review hearing is held at any review the court, after considering the

responsible officer’s report, is of the opinion that the offender’s progress in

complying with the community requirements of the order is satisfactory, it

may order that no review hearing is to be held at that review; and if before a

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review hearing is held at any review, or at a review hearing, the court, after

considering that report, is of that opinion, it may amend the suspended

sentence order so as to provide for each subsequent review to be held without

a hearing.

     (5)    If at a review held without a hearing the court, after considering the

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responsible officer’s report, is of the opinion that the offender’s progress under

the order is no longer satisfactory, the court may require the offender to attend

a hearing of the court at a specified time and place.

     (6)    If at a review hearing the court is of the opinion that the offender has without

reasonable excuse failed to comply with any of the community requirements of

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the order, the court may adjourn the hearing for the purpose of dealing with

the case under paragraph 7 of Schedule 10.

     (7)    At a review hearing the court may amend the suspended sentence order so as

to vary the intervals specified under section 174(1).

     (8)    In this section any reference to the court, in relation to a review without a

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hearing, is to be read—

           (a)           in the case of the Crown Court, as a reference to a judge of the court,

and

           (b)           in the case of a magistrates’ court, as a reference to a justice of the peace

acting for the commission area for which the court acts.

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 176   Breach, revocation or amendment of suspended sentence order, and effect of

further conviction

Schedule 10 (which relates to the breach, revocation or amendment of the

community requirements of suspended sentence orders, and to the effect of

any further conviction) shall have effect.

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 177   Interpretation of Chapter 3

In this Chapter—

                      “custodial period”, in relation to a term of imprisonment imposed in

accordance with section 165, has the meaning given by subsection (3)(a)

of that section;

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                      “licence period”—

                  (a)                 in relation to a term of imprisonment imposed in accordance

with section 165, has the meaning given by subsection (3)(b) of

that section, and

                  (b)                 in relation to a term of imprisonment to which an intermittent

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custody order relates, has the meaning given by section 167(3);

 

 

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

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                      “the number of custodial days”, in relation to a term of imprisonment to

which an intermittent custody order relates, has the meaning given by

section 167(3);

                      “operational period” and “supervision period”, in relation to a suspended

sentence, are to be read in accordance with section 172(1);

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                      “sentence of imprisonment” does not include a committal for contempt of

court or any kindred offence.

Chapter 4

Further provisions about orders under Chapters 2 and 3

Introductory

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 178   Meaning of “relevant order”

     (1)    In this Chapter “relevant order” means—

           (a)           a community order,

           (b)           a custody plus order,

           (c)           a suspended sentence order, or

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           (d)           an intermittent custody order.

     (2)    In this Chapter any reference to a requirement being imposed by, or included

in, a relevant order is, in relation to a custody plus order or an intermittent

custody order, a reference to compliance with the requirement being required

by the order to be a condition of a licence.

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 179   Meaning of “the responsible officer”

     (1)    For the purposes of this Part, “the responsible officer” in relation to an offender

to whom a relevant order relates, means—

           (a)           in a case where the order—

                  (i)                 imposes a curfew requirement or an exclusion requirement but

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no other requirement mentioned in section 161(1) or, as the case

requires, section 166(1) or 173(1), and

                  (ii)                imposes an electronic monitoring requirement,

                         the person who under section 197(3) is responsible for the electronic

monitoring required by the order;

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           (b)           in a case where the offender is aged 18 or over and the only requirement

imposed by the order is an attendance centre requirement, the officer in

charge of the attendance centre in question;

           (c)           in any other case, the qualifying officer who, as respects the offender, is

for the time being responsible for discharging the functions conferred

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by this Part on the responsible officer.

     (2)    The following are qualifying officers for the purposes of subsection (1)(c) —

           (a)           in a case where the offender is aged under 18 at the time when the

relevant order is made, an officer of a local probation board appointed

for or assigned to the petty sessions area for the time being specified in

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the order or a member of a youth offending team established by a local

authority for the time being specified in the order;

 

 

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

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           (b)           in any other case, an officer of a local probation board appointed for or

assigned to the petty sessions area for the time being specified in the

order.

     (3)    The Secretary of State may by order—

           (a)           amend subsections (1) and (2), and

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           (b)           make any other amendments of this Part that appear to him to be

necessary or expedient in consequence of any amendment made by

virtue of paragraph (a).

     (4)    An order under subsection (3) may, in particular, provide for the court to

determine which of two or more descriptions of “responsible officer” is to

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apply in relation to any relevant order.

 180   Duties of responsible officer

     (1)    Where a relevant order has effect, it is the duty of the responsible officer—

           (a)           to make any arrangements that are necessary in connection with the

requirements imposed by the order,

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           (b)           to promote the offender’s compliance with those requirements, and

           (c)           where appropriate, to take steps to enforce those requirements.

     (2)    In this section “responsible officer” does not include a person falling within

section 179(1)(a).

Requirements available in case of all offenders

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 181   Unpaid work requirement

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

a requirement that the offender must perform unpaid work in accordance with

section 182.

     (2)    The number of hours which a person may be required to work under an

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unpaid work requirement must be specified in the relevant order and must be

in the aggregate—

           (a)           not less than 40, and

           (b)           not more than 300.

     (3)    A court may not impose an unpaid work requirement in respect of an offender

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unless after hearing (if the courts thinks necessary) an appropriate officer, the

court is satisfied that the offender is a suitable person to perform work under

such a requirement.

     (4)    In subsection (3) “an appropriate officer” means—

           (a)           in the case of an offender aged 18 or over, an officer of a local probation

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board, and

           (b)           in the case of an offender 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.

     (5)    Where the court makes relevant orders in respect of two or more offences of

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which the offender has been convicted on the same occasion and includes

unpaid work requirements in each of them, the court may direct that the hours

of work specified in any of those requirements is to be concurrent with or

 

 

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

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     (5)    additional to those specified in any other of those orders, but so that the total

number of hours which are not concurrent does not exceed the maximum

specified in subsection (2)(b).

 182   Obligations of person subject to unpaid work requirement

     (1)    An offender in respect of whom an unpaid work requirement of a relevant

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order is in force must perform for the number of hours specified in the order

such work at such times as he may be instructed by the responsible officer.

     (2)    Subject to paragraph 20 of Schedule 7 and paragraph 17 of Schedule 10 (power

to extend order), the work required to be performed under an unpaid work

requirement of a community order or a suspended sentence order must be

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performed during a period of twelve months.

     (3)    Unless revoked, a community order imposing an unpaid work requirement

remains in force until the offender has worked under it for the number of hours

specified in it.

     (4)    Where an unpaid work requirement is imposed by a suspended sentence

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order, the supervision period as defined by section 172(1)(a) continues until the

offender has worked under the order for the number of hours specified in the

order, but does not continue beyond the end of the operational period as

defined by section 172(1)(b)(ii).

 183   Activity requirement

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

requirement that the offender must do either or both of the following—

           (a)           present himself to a person or persons specified in the relevant order at

a place or places so specified on such number of days as may be so

specified;

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           (b)           participate in activities specified in the order on such number of days

as may be so specified.

     (2)    The activities that may be specified under subsection (1)(b) include, in

particular, activities having a reparative purpose.

     (3)    A court may not include an activity requirement in a relevant order unless—

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           (a)           it has consulted—

                  (i)                 in the case of an offender aged 18 or over, an officer of a local

probation board,

                  (ii)                in the case of an offender aged under 18, either an officer of a

local probation board or a member of a youth offending team,

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and

           (b)           it is satisfied that it is feasible to secure compliance with the

requirement.

     (4)    A court may not include an activity requirement in a relevant order if

compliance with that requirement would involve the co-operation of a person

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other than the offender and the offender’s responsible officer, unless that other

person consents to its inclusion.

     (5)    The aggregate of the number of days specified under subsection (1)(a) and (b)

must not exceed 60.

 

 

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

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     (6)    A requirement such as is mentioned in subsection (1)(a) operates to require the

offender—

           (a)           in accordance with instructions given by his responsible officer, to

present himself at a place or places on the number of days specified in

the order, and

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           (b)           while at any place, to comply with instructions given by, or under the

authority of, the person in charge of that place.

     (7)    A place specified under subsection (1)(a) must be—

           (a)           a community rehabilitation centre, or

           (b)           a place that has been approved by the local probation board for the area

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in which the premises are situated as providing facilities suitable for

persons subject to activity requirements.

     (8)    Where the place specified under subsection (1)(a) is a community

rehabilitation centre, the reference in subsection (6)(a) to the offender

presenting himself at the specified place includes a reference to him presenting

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himself elsewhere than at the centre for the purpose of participating in

activities in accordance with instructions given by, or under the authority of,

the person in charge of the centre.

     (9)    A requirement to participate in activities operates to require the offender—

           (a)           in accordance with instructions given by his responsible officer, to

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participate in activities on the number of days specified in the order,

and

           (b)           while participating, to comply with instructions given by, or under the

authority of, the person in charge of the activities.

     (10)   In this section “community rehabilitation centre” means premises—

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           (a)           at which non-residential facilities are provided for use in connection

with the rehabilitation of offenders, and

           (b)           which are for the time being approved by the Secretary of State as

providing facilities suitable for persons subject to relevant orders

imposing supervision requirements.

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 184   Programme requirement

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

requirement that the offender must participate in an accredited programme

specified in the order at a place so specified on such number of days as may be

so specified.

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     (2)    In this Part “accredited programme” means a programme that is for the time

being accredited by the accreditation body.

     (3)    In this section—

           (a)           “programme” means a systematic set of activities, and

           (b)           “the accreditation body” means such body as the Secretary of State may

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designate for the purposes of this section by order.

     (4)    A court may not include a programme requirement in a relevant order

unless—

           (a)           the accredited programme which the court proposes to specify in the

order has been recommended to the court as being suitable for the

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offender —

 

 

 
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