Problem communicating with remote server...
          House of Lords portcullis
House of Lords
Session 2007 - 08
Internet Publications
Other Bills before Parliament

Criminal Justice and Immigration Bill


Criminal Justice and Immigration Bill
Part 2 — Sentencing

29

 

(a)   

a youth offender contract has taken effect under section 23

above for a period which is less than twelve months;

(b)   

that period has not ended; and

(c)   

having regard to circumstances which have arisen since the

contract took effect, it appears to the youth offender panel to be

5

in the interests of justice for the length of that period to be

extended.

(2)   

The panel may refer the offender back to the appropriate court

requesting it to extend the length of that period.

(3)   

The requested period of extension must not exceed three months.”

10

(3)   

In Schedule 1 (youth offender panels: further court proceedings), after Part 1

insert—

“Part 1ZA

Referral back to appropriate court: extension of period for which

contract has effect

15

Introductory

9ZB   (1)  

This Part of this Schedule applies where a youth offender panel

refers an offender back to the appropriate court under section 27B of

this Act with a view to the court extending the period for which the

offender’s youth offender contract has effect.

20

      (2)  

For the purposes of this Part of this Schedule and that section the

appropriate court is—

(a)   

in the case of an offender aged under 18 at the time when (in

pursuance of the referral back) the offender first appears

before the court, a youth court acting in the local justice area

25

in which it appears to the youth offender panel that the

offender resides or will reside; and

(b)   

otherwise, a magistrates’ court (other than a youth court)

acting in that area.

Mode of referral back to court

30

9ZC        

The panel shall make the referral by sending a report to the

appropriate court explaining why the offender is being referred back

to it.

Power of court

9ZD   (1)  

If it appears to the appropriate court that it would be in the interests

35

of justice to do so having regard to circumstances which have arisen

since the contract took effect, the court may make an order extending

the length of the period for which the contract has effect.

      (2)  

An order under sub-paragraph (1) above—

(a)   

must not extend that period by more than three months; and

40

(b)   

must not so extend that period as to cause it to exceed twelve

months.

 
 

Criminal Justice and Immigration Bill
Part 2 — Sentencing

30

 

      (3)  

In deciding whether to make an order under sub-paragraph (1)

above, the court shall have regard to the extent of the offender’s

compliance with the terms of the contract.

      (4)  

The court may not make an order under sub-paragraph (1) above

unless—

5

(a)   

the offender is present before it; and

(b)   

the contract has effect at the time of the order.

Supplementary

9ZE        

The following paragraphs of Part 1 of this Schedule apply for the

purposes of this Part of this Schedule as they apply for the purposes

10

of that Part—

(a)   

paragraph 3 (bringing the offender before the court);

(b)   

paragraph 4 (detention and remand of arrested offender);

and

(c)   

paragraph 9ZA (power to adjourn hearing and remand

15

offender).”

Enforcement of sentences

38      

Imposition of unpaid work requirement for breach of community order

(1)   

Part 2 of Schedule 8 to the Criminal Justice Act 2003 (c. 44) (breach of

community order) is amended as follows.

20

(2)   

In paragraph 9 (powers of magistrates’ court) after sub-paragraph (3) insert—

   “(3A)  

Where—

(a)   

the court is dealing with the offender under sub-paragraph

(1)(a), and

(b)   

the community order does not contain an unpaid work

25

requirement,

           

section 199(2)(a) applies in relation to the inclusion of such a

requirement as if for “40” there were substituted “20”.”

(3)   

In paragraph 10 (powers of Crown Court) after sub-paragraph (3) insert—

   “(3A)  

Where—

30

(a)   

the court is dealing with the offender under sub-paragraph

(1)(a), and

(b)   

the community order does not contain an unpaid work

requirement,

           

section 199(2)(a) applies in relation to the inclusion of such a

35

requirement as if for “40” there were substituted “20”.”

39      

Youth default orders

(1)   

Subsection (2) applies in any case where, in respect of a person aged under 18,

a magistrates’ court would, but for section 89 of the Powers of Criminal Courts

(Sentencing) Act 2000 (c. 6) (restrictions on custodial sentences), have power to

40

issue a warrant of commitment for default in paying a sum adjudged to be paid

 
 

Criminal Justice and Immigration Bill
Part 2 — Sentencing

31

 

by a conviction (other than a sum ordered to be paid under section 6 of the

Proceeds of Crime Act 2002 (c. 29)).

(2)   

The magistrates’ court may, instead of proceeding under section 81 of the

Magistrates’ Courts Act 1980 (enforcement of fines imposed on young

offender), order the person in default to comply with—

5

(a)   

in the case of a person aged 16 or 17, an unpaid work requirement (see

paragraph 10 of Schedule 1),

(b)   

an attendance centre requirement (see paragraph 12 of that Schedule),

or

(c)   

a curfew requirement (see paragraph 14 of that Schedule).

10

(3)   

In this section (and Schedule 7) “youth default order” means an order under

subsection (2).

(4)   

Section 1(2) and paragraph 2 of Schedule 1 (power or requirement to impose

electronic monitoring requirement) have effect in relation to a youth default

order as they have effect in relation to a youth rehabilitation order.

15

(5)   

Where a magistrates’ court has power to make a youth default order, it may, if

it thinks it expedient to do so, postpone the making of the order until such time

and on such conditions (if any) as it thinks just.

(6)   

The following provisions have effect in relation to youth default orders as they

have effect in relation to youth rehabilitation orders, but subject to the

20

modifications contained in Schedule 7

(a)   

sections 4, 5 and 7,

(b)   

paragraphs 1, 10, 12, 14, 26, 27, 29, 33 and 34 of Schedule 1 (youth

rehabilitation orders: further provisions),

(c)   

Schedule 2 (breach, revocation or amendment of youth rehabilitation

25

orders), and

(d)   

Schedule 3 (transfer of youth rehabilitation orders to Northern Ireland).

(7)   

Where a youth default order has been made for default in paying any sum—

(a)   

on payment of the whole sum to any person authorised to receive it, the

order ceases to have effect, and

30

(b)   

on payment of a part of the sum to any such person, the total number

of hours or days to which the order relates is to be taken to be reduced

by a proportion corresponding to that which the part paid bears to the

whole sum.

(8)   

In calculating any reduction required by subsection (7)(b), any fraction of a day

35

or hour is to be disregarded.

40      

Power to impose attendance centre requirement on fine defaulter

(1)   

Section 300 of the Criminal Justice Act 2003 (c. 44) (power to impose unpaid

work requirement or curfew requirement on fine defaulter) is amended as

follows.

40

(2)   

In the heading for “or curfew requirement” substitute “curfew requirement or

attendance centre requirement”.

(3)   

In subsection (2), at the end of paragraph (b) insert “, or

(c)   

in a case where the person is aged under 25, an attendance

centre requirement (as defined by section 214)”.

45

 
 

Criminal Justice and Immigration Bill
Part 2 — Sentencing

32

 

41      

Disclosure of information for enforcing fines

(1)   

Part 3 of Schedule 5 to the Courts Act 2003 (c. 39) (attachment of earnings

orders and applications for benefit deductions) is amended as follows.

(2)   

After paragraph 9 insert—

“Disclosure of information in connection with application for benefit deductions

5

9A    (1)  

The designated officer for a magistrates’ court may make an

information request to the Secretary of State for the purpose of

facilitating the making of a decision by the court as to whether it is

practicable or appropriate to make an application for benefit

deductions in respect of P.

10

      (2)  

An information request is a request for the disclosure of some or all

of the following information—

(a)   

P’s full name;

(b)   

P’s address (or any of P’s addresses);

(c)   

P’s date of birth;

15

(d)   

P’s national insurance number;

(e)   

P’s benefit status.

      (3)  

On receiving an information request, the Secretary of State may

disclose the information requested to—

(a)   

the officer who made the request, or

20

(b)   

a justices’ clerk specified in the request.

Restrictions on disclosure

9B    (1)  

A person to whom information is disclosed under paragraph 9A(3),

or this sub-paragraph, may disclose the information to any person to

whom its disclosure is necessary or expedient in connection with

25

facilitating the making of a decision by the court as to whether it is

practicable or appropriate to make an application for benefit

deductions in respect of P.

      (2)  

A person to whom such information is disclosed commits an offence

if the person—

30

(a)   

discloses or uses the information, and

(b)   

the disclosure is not authorised by sub-paragraph (1) or (as

the case may be) the use is not for the purpose of facilitating

the making of such a decision as is mentioned in that sub-

paragraph.

35

      (3)  

But it is not an offence under sub-paragraph (2)—

(a)   

to disclose any information in accordance with any

enactment or order of a court or for the purposes of any

proceedings before a court; or

(b)   

to disclose any information which has previously been

40

lawfully disclosed to the public.

      (4)  

It is a defence for a person charged with an offence under sub-

paragraph (2) to prove that the person reasonably believed that the

disclosure or use was lawful.

 
 

Criminal Justice and Immigration Bill
Part 3 — Appeals

33

 

      (5)  

A person guilty of an offence under sub-paragraph (2) is liable on

summary conviction to a fine not exceeding level 4 on the standard

scale.

Paragraphs 9A and 9B: supplementary

9C    (1)  

This paragraph applies for the purposes of paragraphs 9A and 9B.

5

      (2)  

“Benefit status”, in relation to P, means whether or not P is in receipt

of any prescribed benefit or benefits and, if so (in the case of each

benefit)—

(a)   

which benefit it is,

(b)   

where it is already subject to deductions under any

10

enactment, the nature of the deductions concerned, and

(c)   

the amount received by P by way of the benefit, after

allowing for any such deductions.

      (3)  

“Information” means information held in any form.

      (4)  

“Prescribed” means prescribed by regulations made by the Lord

15

Chancellor.

      (5)  

Nothing in paragraph 9A or 9B authorises the making of a disclosure

which contravenes the Data Protection Act 1998.”

Part 3

Appeals

20

Appeals by defendant

42      

Power of Court of Appeal to disregard developments in the law: England and

Wales

(1)   

The Criminal Appeal Act 1968 (c. 19) is amended as follows.

(2)   

In section 2 (appeals against conviction), after subsection (1B) (as inserted by

25

section 42(2)) insert—

“(1C)   

In determining for the purposes of subsection (1)(a) whether the

conviction is unsafe the Court may, if they think it appropriate in all the

circumstances of the case, disregard any development in the law since

the date of the conviction.”

30

(3)   

In section 13 (disposal of appeals against verdict of not guilty by reason of

insanity), after subsection (1B) (as inserted by section 42(3)) insert—

“(1C)   

In determining for the purposes of subsection (1)(a) whether the verdict

is unsafe the Court may, if they think it appropriate in all the

circumstances of the case, disregard any development in the law since

35

the date of the verdict.”

(4)   

In section 16 (disposal of appeals against finding of disability), after subsection

(1B) (as inserted by section 42(4)) insert—

“(1C)   

In determining for the purposes of subsection (1)(a) whether a finding

is unsafe the Court may, if they think it appropriate in all the

40

 
 

Criminal Justice and Immigration Bill
Part 3 — Appeals

34

 

circumstances of the case, disregard any development in the law since

the date of the finding.”

43      

Power of Court of Appeal to disregard developments in the law: Northern

Ireland

(1)   

The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is amended as follows.

5

(2)   

In section 2 (appeals against conviction), after subsection (1B) (as inserted by

section 43(2)) insert—

“(1C)   

In determining for the purposes of subsection (1)(a) whether the

conviction is unsafe the Court may, if it thinks it appropriate in all the

circumstances of the case, disregard any development in the law since

10

the date of the conviction.”

(3)   

In section 12 (appeal against finding of not guilty on ground of insanity), after

subsection (2B) (as inserted by section 43(3)) insert—

“(2C)   

In determining for the purposes of subsection (2)(a) whether the

finding is unsafe the Court may, if it thinks it appropriate in all the

15

circumstances of the case, disregard any development in the law since

the date of the finding.”

(4)   

In section 13A (appeal against finding of unfitness to be tried), after subsection

(3B) (as inserted by section 43(4)) insert—

“(3C)   

In determining for the purposes of subsection (3)(a) whether a finding

20

is unsafe the Court may, if it thinks it appropriate in all the

circumstances of the case, disregard any development in the law since

the date of the finding.”

Appeals by prosecution

44      

Determination of prosecution appeals: England and Wales

25

In section 61 of the Criminal Justice Act 2003 (c. 44) (determination of

prosecution appeal by Court of Appeal) for subsection (5) substitute—

“(5)   

But the Court of Appeal may not make an order under subsection (4)(c)

in respect of an offence unless it considers that the defendant could not

receive a fair trial if an order were made under subsection (4)(a) or (b).”

30

45      

               Determination of prosecution appeals: Northern Ireland

In Article 20 of the Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/

1500 (N.I.9)) (determination of prosecution appeal by Court of Appeal) for

paragraph (5) substitute—

“(5)   

But the Court of Appeal may not make an order under paragraph (4)(c)

35

in respect of an offence unless it considers that the defendant could not

receive a fair trial if an order were made under paragraph (4)(a) or (b).”

 
 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2008
Revised 13 March 2008