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(4) Sub-paragraph (2) does not apply if and to the extent that—
(a) rules made by the Secretary of State so provide, or
(b) it is in the opinion of the court just in all the circumstances not to give a direction under that subsection.
(5) Where as a result of paragraph (a) or (b) of sub-paragraph (4) the court does not specify the credit period under sub-paragraph (2), it may in accordance with either of those paragraphs by order specify a lesser period.
(6) Rules under sub-paragraph (4)(a) may, in particular, make provision in relation to—
(a) sentences of imprisonment for consecutive terms;
(b) sentences of imprisonment for terms which are wholly or partly concurrent;
(c) periods during which a person granted bail subject to the relevant conditions is also subject to electronic monitoring required by an order made by a court or the Secretary of State.
(7) In considering whether it is of the opinion mentioned in sub-paragraph (4)(b) the court must, in particular, take into account whether or not the offender has, at any time whilst on bail subject to the relevant conditions, broken either or both of them.
(8) Where the court specifies a period under sub-paragraph (2) or (5) it shall state in open court—
(a) the number of days on which the offender was subject to the relevant conditions, and
(b) the number of days in the period specified.
(9) Sub-paragraph (10) applies where the court—
(a) does not specify the credit period under sub-paragraph (2) but does specify a lesser period under sub-paragraph (5), or
(b) does not specify a period under either sub-paragraph (2) or (5).
(10) The court shall state in open court—
(a) that its decision is in accordance with rules made under paragraph (a) of sub-paragraph (4), or
(b) that it is of the opinion mentioned in paragraph (b) of that sub-paragraph and what the circumstances are.
“electronic monitoring condition” means any electronic monitoring requirements imposed under section 3(6ZAA) of the Bail Act 1976 (c. 63) for the purpose of securing the electronic monitoring of a person’s compliance with a qualifying curfew condition;
“qualifying curfew condition” means a condition of bail which requires the person granted bail to remain at one or more specified places for a total of not less than 9 hours in any given day; and
“related offence” means an offence, other than the offence for which the sentence is imposed (“offence A”), with which the offender was charged and the charge for which was founded on the same facts or evidence as offence A.’.— [Mr. Hanson.]
Brought up, read the First and Second time, and added to the Bill.
1 The Bail Act 1976 (c. 63) is amended as follows.
2 In section 3(6D)(a) (condition to be imposed on person in relation to whom paragraph 6B(1)(a) to (c) of Part 1 of Schedule 1 to that Act apply), after “apply” insert “(including where P is a person to whom the provisions of Part 1A of Schedule 1 apply)”.
3 After section 9 (offence of agreeing to indemnify sureties in criminal proceedings) insert—
“9A Bail decisions relating to persons aged under 18 who are accused of offences mentioned in Schedule 2 to the Magistrates’ Courts Act 1980
(1) This section applies whenever—
(a) a magistrates’ court is considering whether to withhold or grant bail in relation to a person aged under 18 who is accused of a scheduled offence; and
(b) the trial of that offence has not begun.
(2) The court shall, before deciding whether to withhold or grant bail, consider whether, having regard to any representations made by the prosecutor or the accused person, the value involved does not exceed the relevant sum for the purposes of section 22.
(3) The duty in subsection (2) does not apply in relation to an offence if—
(a) a determination under subsection (4) has already been made in relation to that offence; or
(b) the accused person is, in relation to any other offence of which he is accused which is not a scheduled offence, a person to whom Part 1 of Schedule 1 to this Act applies.
(4) If where the duty in subsection (2) applies it appears to the court clear that, for the offence in question, the amount involved does not exceed the relevant sum, the court shall make a determination to that effect.
(a) “relevant sum” has the same meaning as in section 22(1) of the Magistrates’ Courts Act 1980 (certain either way offences to be tried summarily if value involved is less than the relevant sum);
(b) “scheduled offence” means an offence mentioned in Schedule 2 to that Act (offences for which the value involved is relevant to the mode of trial); and
(c) “the value involved” is to be construed in accordance with section 22(10) to (12) of that Act.”
4 Schedule 1 (persons entitled to bail: supplementary provisions) is amended as follows.
5 (1) Paragraph 1 (defendants to whom Part 1 applies) becomes sub-paragraph (1) of that paragraph.
(2) In that sub-paragraph at the beginning insert “Subject to sub-paragraph (2),”.
(3) After that sub-paragraph insert—
“(2) But those provisions do not apply by virtue of sub-paragraph (1)(a) if the offence, or each of the offences punishable with imprisonment, is—
(b) an offence mentioned in Schedule 2 to the Magistrates’ Courts Act 1980 (offences for which the value involved is relevant to the mode of trial) in relation to which—
(i) a determination has been made under section 22(2) of that Act (certain either way offences to be tried summarily if value involved is less than the relevant sum) that it is clear that the value does not exceed the relevant sum for the purposes of that section; or
(ii) a determination has been made under section 9A(4) of this Act to the same effect.”
Defendants to whom Part 1A applies
1 The following provisions of this Part apply to the defendant if—
(a) the offence or one of the offences of which he is accused or convicted is punishable with imprisonment, but
(b) Part 1 does not apply to him by virtue of paragraph 1(2) of that Part.
2 The defendant need not be granted bail if—
(a) it appears to the court that, having been previously granted bail in criminal proceedings, he has failed to surrender to custody in accordance with his obligations under the grant of bail; and
(b) the court believes, in view of that failure, that the defendant, if released on bail (whether subject to conditions or not) would fail to surrender to custody.
3 The defendant need not be granted bail if—
(a) it appears to the court that the defendant was on bail in criminal proceedings on the date of the offence; and
(b) the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not) would commit an offence while on bail.
4 The defendant need not be granted bail if the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not), would commit an offence while on bail by engaging in conduct that would, or would be likely to, cause—
(a) physical or mental injury to any person other than the defendant; or
(b) any person other than the defendant to fear physical or mental injury.
5 The defendant need not be granted bail if the court is satisfied that the defendant should be kept in custody for his own protection or, if he is a child or young person, for his own welfare.
6 The defendant need not be granted bail if he is in custody in pursuance of a sentence of a court or a sentence imposed by an officer under the Armed Forces Act 2006.
7 The defendant need not be granted bail if —
(a) having been released on bail in or in connection with the proceedings for the offence, he has been arrested in pursuance of section 7 of this Act; and
(b) the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not) would fail to surrender to custody, commit an offence while on bail or interfere with witnesses or otherwise obstruct the course of justice (whether in relation to himself or any other person).
8 The defendant need not be granted bail where the court is satisfied that it has not been practicable to obtain sufficient information for the purpose of taking the decisions required by this Part of this Schedule for want of time since the institution of the proceedings against him.
Application of paragraphs 6A to 6C of Part 1
9 Paragraphs 6A to 6C of Part 1 (exception applicable to drug users in certain areas and related provisions) apply to a defendant to whom this Part applies as they apply to a defendant to whom that Part applies.”’.— [Mr. Hanson.]
Brought up, read the First and Second time, and added to the Bill.
Amendments made: No. 156, page 117, line 5, after ‘Orders’ insert ‘, rules’.
No. 157, page 117, line 30, leave out ‘or’.
No. 158, page 117, line 31, at end insert ‘, or
(p) rules under paragraph 2(4)(a) of Schedule (Credit for period of remand on bail: transitional provisions),’.— [Steve McCabe.]
Amendment made: No. 219, page 182, line 21, leave out sub-paragraph (3) and insert—
‘(3) In subsections (A1), (1)(a) and (1A)(a), for “16” substitute “18”.
(4) After subsection (2) insert—
“(2A) Subsection (2B) applies where—
(a) a person aged 16 or 17 is convicted of an offence (“the current offence”);
(b) on three or more previous occasions the offender has, on conviction by a court in the United Kingdom of any offence committed by him after attaining the age of 16, had passed on him a sentence consisting only of a fine; and
(c) despite the effect of section 143(2), the court would not (apart from this section) regard the current offence, or the combination of the current offence and one or more offences associated with it, as being serious enough to warrant a youth rehabilitation order.
(2B) The court may make a youth rehabilitation order in respect of the current offence instead of imposing a fine if it considers that, having regard to all the circumstances including the matters mentioned in subsection (3), it would be in the interests of justice to make such an order.”
(a) after “(2)” insert “and (2B)”; and
(b) in paragraph (a) for “or (1A)(b)” substitute “(1A)(b) or (2A)(b)”.
(6) In subsections (4), (5) and (6), for “and (1A)(b)” substitute “(1A)(b) and (2A)(b)”.
(7) In section 166 (savings for powers to mitigate etc.), in subsection (1)(a) after “151(2)” insert “or (2B)”.’.— [Steve McCabe.]
Amendments made: No. 159, page 286, line 33, at end insert—
‘Children and Young Persons Act 1969 (c. 54)
4B (8) Section 23AA of the Children and Young Persons Act 1969 (electronic monitoring of remand conditions) is amended as follows.
(a) paragraph (a) is omitted; and
(b) in paragraph (b), for “those arrangements” substitute “arrangements currently available in each local justice area which is a relevant area”.
(10) In subsection (8) for “Subsections (8) to (10) of section 3AA” substitute “Subsections (4) to (7) of section 3AC”.’.
No. 161, page 287, line 8, at end insert—
6ZA In section 37 of the Mental Health Act 1983 (powers of court to order hospital admission or guardianship), in subsection (1A)(c) for “any of sections 225 to 228” substitute “section 225(2) or 226(2)”.’.
No. 162, page 287, line 26, leave out from beginning to ‘(offence’ and insert—
‘7A The Criminal Justice Act 1988 has effect subject to the following amendments.
7B In section 36 (reviews of sentencing), in subsection (2)(b)(iii) for “any of sections 225 to 228” substitute “section 225(2) or 226(2)”.
No. 220, page 288, line 4, at end insert—
‘( ) In section 43(5) (young offenders), for “under this Part” substitute “under any provision of this Part other than section 33(1A)”. ’.
No. 221, page 288, line 9, at end insert—
‘( ) In section 46B(5) (re-entry into United Kingdom of offender removed early from prison), after “subsections (1)” insert “, (1A)”.’.
No. 163, page 289, line 38, at end insert—
‘19A In section 12 (absolute and conditional discharge), in subsection (1) for “section 225, 226, 227 or 228” substitute “section 225(2) or 226(2)”.’.
No. 222, in page 290, line 2, after ‘original sentence)’ insert ‘—
(a) in subsection (1)(b) for “under Part II of the Criminal Justice Act 1991 (early release of prisoners)” substitute “under any provision of Part 2 of the Criminal Justice Act 1991 (early release of prisoners) other than section 33(1A)”, and’.
No. 164, page 290, line 4, at end insert—
‘22A In section 130 (compensation orders), in subsection (2) for “section 225, 226, 227 or 228” substitute “section 225(2) or 226(2)”.
22B In section 146 (driving disqualification for any offence), in subsection (2) for “section 225, 226, 227 or 228” substitute “section 225(2) or 226(2)”.
22C In section 164 (further interpretative provisions), in subsection (3)(c) for “any of sections 225 to 228” substitute “section 225(2) or 226(2)”.’.
No. 165, page 291, line 32, at end insert—
‘32A In section 142 (purposes of sentencing), in subsection (2)(c) for “any of sections 225 to 228” substitute “section 225(2) or 226(2) of this Act”.
32B In section 150 (circumstances in which community sentence not available), in paragraph (d) for “any of sections 225 to 228” to the end substitute “section 225(2) or 226(2) of this Act (requirement to impose sentence of imprisonment for life or detention for life)”.
32C In section 152 (general restrictions on imposing custodial sentences), in subsection (1)(b) for “any of sections 225 to 228” substitute “section 225(2) or 226(2)”.
32E In section 153 (length of discretionary custodial sentences: general provision), in subsection (1), omit “or falling to be”.
32F In section 163 (general power of Crown Court to fine) for “any of sections 225 to 228” substitute “section 225(2) or 226(2)”.
32G In section 224 (meaning of “specified offence” etc), in subsection (3) the definition of relevant offence is omitted.
32H In section 305 (interpretation of Part 12), in subsection (4)—
(a) for paragraphs (c) and (d) substitute—
“(c) a sentence falls to be imposed under subsection (2) of section 225 if the court is obliged to pass a sentence of imprisonment for life under that subsection;
(d) a sentence falls to be imposed under subsection (2) of section 226 if the court is obliged to pass a sentence of detention for life under that subsection;”, and
(b) paragraph (e) is omitted.’.
No. 166, page 291, line 40, at end insert—
‘34A In section 330(5) (orders subject to the affirmative procedure) after “section 223,” insert—
section 228(7)”.’.— [Steve McCabe.]
Amendments made: No. 223, page 296, line 8, at end insert—
‘9A Nothing in the amendments made by section (Early release of certain long-term prisoners under Criminal Justice Act 1991) affects the operation of Part 2 of the Criminal Justice Act 1991 (c. 53) in relation to a long-term prisoner within the meaning of that Part who (for the purposes of that Part) has served one-half of his sentence before the commencement of that section.’.
No. 224, page 296, line 8, at end insert—
‘9B The amendments made by subsections (3) and (5) of section (Release of fine defaulters and contemnors under Criminal Justice Act 1991) do not apply in relation to any person who is released on licence under section 36(1) of the Criminal Justice Act 1991 (c. 53) before the commencement of section (Release of fine defaulters and contemnors under Criminal Justice Act 1991).’.
No. 225, page 296, line 8, at end insert—
‘9C The amendment made by subsection (1) of section (Recall of certain prisoners released under Criminal Justice Act 1991) applies in relation to any person who is recalled under section 254(1) of the Criminal Justice Act 2003 (c. 44) on or after the commencement of section (Recall of certain prisoners released under Criminal Justice Act 1991) but it is immaterial when the person was released on licence under Part 2 of the Criminal Justice Act 1991 (c. 53).’.— [Steve McCabe.]
Amendments made: No. 227, page 306, line 47, column 2 at beginning insert—
‘In section 45— (a) in subsection (3), subsection (2) of the substituted text, and (b) subsection (4).’. |
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