|
| |
| |
(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 | 5 |
likely to be of assistance to a court acting for that area in the exercise of | |
its functions in relation to the order. | |
211 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— | 10 |
(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. | 15 |
Powers of Secretary of State | |
212 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 | 20 |
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 | 25 |
premises of that authority. | |
213 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 | 30 |
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 | 35 |
rehabilitation centres, | |
(e) the attendance of persons subject to activity requirements or | |
attendance centre requirements at the places at which they are required | |
to attend, including hours of attendance, reckoning days of attendance | |
and the keeping of attendance records, | 40 |
(f) electronic monitoring in pursuance of an electronic monitoring | |
requirement, and | |
| |
| |
|
| |
| |
(g) without prejudice to the generality of paragraph (f), the functions of | |
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 | 5 |
day, | |
(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. | 10 |
214 Power to amend limits | |
(1) The Secretary of State may by order amend— | |
(a) subsection (2) of section 190 (unpaid work requirement), or | |
(b) subsection (2) of section 195 (curfew requirement), | |
by substituting, for the maximum number of hours for the time being specified | 15 |
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 | |
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— | 20 |
(a) section 195(3) (curfew requirement); | |
(b) section 196(2) (exclusion requirement); | |
(c) section 200(3) (drug rehabilitation requirement); | |
(d) section 203(4) (alcohol treatment requirement). | |
Chapter 5 | 25 |
Dangerous offenders | |
215 Meaning of “specified offence” etc. | |
(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 | 30 |
if— | |
(a) it is a specified offence, and | |
(b) it is, apart from section 216, punishable in the case of a person aged 18 | |
or over by— | |
(i) imprisonment for life, or | 35 |
(ii) imprisonment for a determinate period of ten years or more. | |
(3) In this Chapter— | |
“relevant offence” has the meaning given by section 220(4); | |
“serious harm” means death or serious personal injury, whether physical | |
or psychological; | 40 |
“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 | |
Schedule. | |
216 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 | 5 |
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 | |
further specified offences. | |
(2) If— | 10 |
(a) the offence is one in respect of which the offender would apart from this | |
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, | 15 |
the court must impose a sentence of imprisonment for life. | |
(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 | 20 |
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 | |
regarded as an offence the sentence for which is fixed by law. | |
217 Detention for life or detention for public protection for serious offences | 25 |
committed by those under 18 | |
(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 | 30 |
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 | |
section be liable to a sentence of detention for life under section 91 of | 35 |
the Sentencing Act, 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 detention for life, | |
the court must impose a sentence of detention for life under that section. | 40 |
(3) If, in a case not falling within subsection (2), the court considers that an | |
extended sentence under section 219 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. | 45 |
| |
| |
|
| |
| |
(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 | 5 |
regarded as an offence the sentence for which is fixed by law. | |
218 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, | 10 |
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, | 15 |
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 | 20 |
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) | 25 |
which— | |
(a) is the term that would (apart from this section) be imposed in | |
compliance with section 145(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. | 30 |
(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 | 35 |
offence. | |
219 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 | 40 |
(b) the court considers— | |
(i) 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, and | |
| |
| |
|
| |
| |
(ii) where the specified offence is a serious offence, that the case is | |
not one in which the court is required by section 217(2) to | |
impose a sentence of detention for life under section 91 of the | |
Sentencing Act or by section 217(3) to impose a sentence of | |
detention for public protection. | 5 |
(2) The court must impose on the offender an extended sentence of detention, that | |
is to say, a sentence of detention 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 | 10 |
subject to a licence and which is of such length as the court considers | |
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 such term as the court | 15 |
considers appropriate, which— | |
(a) must be at least 12 months, and | |
(b) must not exceed the maximum term of imprisonment permitted for the | |
offence. | |
(4) The extension period must not exceed— | 20 |
(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 detention passed under this section in | |
respect of an offence must not exceed the maximum term of imprisonment | |
permitted for the offence. | 25 |
(6) Any reference in this section to the maximum term of imprisonment permitted | |
for an offence is a reference to the maximum term of imprisonment that is, | |
apart from section 216, permitted for the offence in the case of a person aged 18 | |
or over. | |
220 The assessment of dangerousness | 30 |
(1) This section applies where— | |
(a) a person has been convicted of a specified offence, and | |
(b) it falls to a court to assess under any of sections 216 to 219 whether there | |
is a significant risk to members of the public of serious harm occasioned | |
by the commission by him of further such offences. | 35 |
(2) If at the time when that offence was committed the offender had not been | |
convicted in any part of the United Kingdom of any relevant offence or was | |
aged under 18, the court in making the assessment referred to in subsection | |
(1)(b)— | |
(a) must take into account all such information as is available to it about | 40 |
the nature and circumstances of the offence, | |
(b) may take into account any information which is before it about any | |
pattern of behaviour of which the offence forms part, and | |
(c) may take into account any information about the offender which is | |
before it. | 45 |
| |
| |
|
| |
| |
(3) If at the time when that offence was committed the offender was aged 18 or | |
over and had been convicted in any part of the United Kingdom of one or more | |
relevant offences, the court must assume that there is such a risk as is | |
mentioned in subsection (1)(b) unless, after taking into account— | |
(a) all such information as is available to it about the nature and | 5 |
circumstances of each of the offences, | |
(b) where appropriate, any information which is before it about any | |
pattern of behaviour of which any of the offences forms part, and | |
(c) any information about the offender which is before it, | |
the court considers that it would be unreasonable to conclude that there is such | 10 |
a risk. | |
(4) In this Chapter “relevant offence” means— | |
(a) an offence committed in England and Wales that is a specified offence, | |
(b) an offence committed in Scotland that is specified in Schedule 13, | |
(c) an offence committed in Northern Ireland that is specified in Schedule | 15 |
14, or | |
(d) an offence that— | |
(i) is specified in Schedule 12, 13 or 14, and | |
(ii) is constituted by an act or omission outside the United | |
Kingdom. | 20 |
221 Imprisonment or detention for public protection: release on licence | |
Schedule 15 (release of prisoners serving sentences of imprisonment or | |
detention for public protection) shall have effect. | |
222 Appeals where previous convictions set aside | |
(1) This section applies where— | 25 |
(a) a sentence has been imposed on any person under section 216 or 218, | |
and | |
(b) any previous conviction of his without which the court would not have | |
been required to make the assumption mentioned in section 220(3) has | |
been subsequently set aside on appeal. | 30 |
(2) Notwithstanding anything in section 18 of the Criminal Appeal Act 1968 | |
(c. 19), notice of appeal against the sentence may be given at any time within | |
28 days from the date on which the previous conviction was set aside. | |
223 Certificates of convictions for purposes of section 220 | |
Where— | 35 |
(a) on any date after the commencement of this section a person is | |
convicted in England and Wales of a relevant offence, and | |
(b) the court by or before which he is so convicted states in open court that | |
he has been convicted of such an offence on that date, and | |
(c) that court subsequently certifies that fact, | 40 |
that certificate shall be evidence, for the purposes of section 220, that he was | |
convicted of such an offence on that date. | |
| |
| |
|
