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PART III continued CHAPTER I continued
(7) In the case of a curfew order or an exclusion order, the relevant area is the area in which the place proposed to be specified in the order is situated.
In this subsection, “place”, in relation to an exclusion order, has the same meaning as in section 40A below.
(8) In the case of a community rehabilitation order or a community punishment and rehabilitation order, the relevant areas are each of the following—
(a) where it is proposed to include in the order a requirement for securing compliance with a requirement such as is mentioned in sub-paragraph (1) of paragraph 7 of Schedule 2 to this Act, the area mentioned in sub-paragraph (5) of that paragraph;
(b) where it is proposed to include in the order a requirement for securing compliance with a requirement such as is mentioned in sub-paragraph (1) of paragraph 8 of that Schedule, the area mentioned in sub-paragraph (5) of that paragraph;
(c) where it is proposed to include in the order a requirement for securing compliance with any other requirement, the area proposed to be specified under section 41(3) below.
(9) In the case of a community punishment order, a drug treatment and testing order, a drug abstinence order, a supervision order or an action plan order, the relevant area is the petty sessions area proposed to be specified in the order.
(10) In the case of an attendance centre order, the relevant area is the petty sessions area in which the attendance centre proposed to be specified in the order is situated.”
(1) Schedule 3 to the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000 (breach of requirements of community orders) is amended as follows.
(2) After paragraph 1(1) there is inserted—
“(1A) The orders mentioned in paragraphs (a) to (d) and (f) of sub-paragraph (1) above and, if an order made by the Secretary of State so provides, any other order mentioned in that sub-paragraph are referred to in this Schedule as orders to which the warning provisions apply.”
(3) In Part II, before paragraph 3 (and the cross-heading preceding it) there is inserted—
2A (1) Sub-paragraphs (2) and (3) below apply if the responsible officer is of the opinion that a person aged 18 or over (“the offender”) has failed without reasonable excuse to comply with any of the requirements of an order to which the warning provisions apply other than a requirement to abstain from misusing specified Class A drugs.
(2) The officer shall give him a warning under this paragraph if—
(a) the offender has not within the specified period been given a warning under this paragraph in respect of a failure to comply with any of the requirements of the order; and
(b) the officer does not cause an information to be laid before a justice of the peace in respect of the failure in question.
(3) If the offender has within the specified period been given such a warning, the officer shall cause an information to be laid before a justice of the peace in respect of the failure in question.
(4) In sub-paragraphs (2) and (3) above, “specified period” means—
(a) in the case of a curfew order, the period of six months;
(b) in any other case, the period of twelve months;
ending with the failure in question.
(5) A warning under this paragraph must—
(a) describe the circumstances of the failure;
(b) state that the failure is unacceptable;
(c) inform the offender that if within the next six or (as the case may be) twelve months he again fails to comply with any requirement of the order, he will be liable to be brought before a court;
and the officer shall, as soon as is practicable after the warning has been given, record that fact.
(6) If a community sentence consists of or includes two or more orders to which the warning provisions apply, being orders in respect of the same offence—
(a) the preceding provisions of this paragraph shall have effect as if those orders were a single order to which the warning provisions apply; and
(b) where one of those orders is a curfew order that fact shall be disregarded for the purposes of sub-paragraph (4) above.”
(4) In paragraph 4, for sub-paragraph (1) there is substituted—
“(1) This paragraph applies if it is proved to the satisfaction of a magistrates' court before which an offender appears or is brought under paragraph 3 above that he has failed without reasonable excuse to comply with any of the requirements of the relevant order.
(1A) In a case where the offender is aged 18 or over and the order is one to which the warning provisions apply, the magistrates' court shall impose a sentence of imprisonment for the offence in respect of which the order was made unless it is of the opinion—
(a) that the offender is likely to comply with the requirements of the order during the period for which it remains in force; or
(b) that the exceptional circumstances of the case justify not imposing a sentence of imprisonment.
(1B) The sentence of imprisonment—
(a) where the offence was an offence punishable by imprisonment, shall be for the term which, if—
(i) he had just been convicted of the offence by the court, and
(ii) section 79(2) of this Act did not apply,
the court would impose on him for that offence; and
(b) in any other case, shall be for a term not exceeding three months;
taking account of the extent to which he has complied with the requirements of the order.
(1C) If in a case within sub-paragraph (1A) above the court does not impose a sentence of imprisonment or if the case is not within that sub-paragraph, the magistrates' court may deal with him in respect of the failure in one of the following ways (and must deal with him in one of those ways if the relevant order is in force)—
(a) by making a curfew order in respect of him (subject to paragraph 6A below);
(b) where the offender is aged 16 or over, by making a community punishment order in respect of him (subject to paragraph 7 below);
(c) where the offender is aged under 21, by making an attendance centre order in respect of him (subject to paragraph 8 below); or
(d) where the relevant order was made by a magistrates' court, by dealing with him, for the offence in respect of which the order was made, in any way in which the court could deal with him if he had just been convicted by it of the offence.”
(5) In paragraph 5, for sub-paragraph (1) there is substituted—
“(1) This paragraph applies where under paragraph 3 or by virtue of paragraph 4(4) above an offender is brought or appears before the Crown Court and it is proved to the satisfaction of that court that he has failed without reasonable excuse to comply with any of the requirements of the relevant order.
(1A) In a case where the offender is aged 18 or over and the order is one to which the warning provisions apply, the Crown Court shall impose a sentence of imprisonment for the offence in respect of which the order was made unless it is of the opinion—
(a) that the offender is likely to comply with the requirements of the order during the period for which it remains in force; or
(b) that the exceptional circumstances of the case justify not imposing a sentence of imprisonment.
(1B) The sentence of imprisonment—
(a) where the offence was an offence punishable by imprisonment, shall be for the term which, if—
(i) he had just been convicted of the offence by the court, and
(ii) section 79(2) of this Act did not apply,
the court would impose on him for that offence; and
(b) in any other case, shall be for a term not exceeding three months;
taking account of the extent to which he has complied with the requirements of the order.
(1C) If in a case within sub-paragraph (1A) above the court does not impose a sentence of imprisonment or if the case is not within that sub-paragraph, the Crown Court may deal with him in respect of the failure in one of the following ways (and must deal with him in one of those ways if the relevant order is in force)—
(a) by making a curfew order in respect of him (subject to paragraph 6A below);
(b) where the offender is aged 16 or over, by making a community punishment order in respect of him (subject to paragraph 7 below);
(c) where the offender is aged under 21, by making an attendance centre order in respect of him (subject to paragraph 8 below); or
(d) by dealing with him, for the offence in respect of which the order was made, in any way in which the Crown Court could deal with him if he had just been convicted before it of the offence.”
(6) In paragraph 6, at the end there is inserted—
“(3) Paragraphs 4(1A) and 5(1A) above do not apply in respect of a failure to comply with a requirement to abstain from misusing specified Class A drugs.”
After paragraph 3(2) of Schedule 3 to the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000 (breach, revocation and amendment of certain community orders) there is inserted—
“(3) Where a summons issued under sub-paragraph (1)(a) above requires an offender to appear before the Crown Court and the offender does not appear in answer to the summons, the Crown Court may issue a further summons requiring the offender to appear at the place and time specified in it.
(4) Where a summons issued under sub-paragraph (1)(a) above or a further summons issued under sub-paragraph (3) above requires an offender to appear before the Crown Court and the offender does not appear in answer to the summons, the Crown Court may issue a warrant for the arrest of the offender.”
(1) Regulations made by the Secretary of State may provide for—
(a) the supervision of persons subject to community rehabilitation orders or community punishment and rehabilitation orders,
(b) the arrangements to be made by local probation boards for persons subject to community punishment orders, or community punishment and rehabilitation orders, to perform work and the performance of such work.
(2) In particular, they may regulate the functions of—
(a) officers of local probation boards and members of youth offending teams who are responsible for the supervision of offenders subject to community rehabilitation orders, and
(b) officers of local probation boards or other persons who are, in relation to persons subject to community punishment orders, responsible officers (within the meaning of section 46(13) of the Powers of Criminal Courts (Sentencing) Act 2000).
(3) Regulations made by virtue of subsection (1)(b) may, in particular, make provision—
(a) limiting the number of hours of work to be done by a person on any one 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.
(1) In section 65 of the [1998 c. 37.] Crime and Disorder Act 1998 (reprimands and warnings)—
(a) for subsection (5)(a) there is substituted—
“(a) where the offender is under the age of 17, give any reprimand or warning in the presence of an appropriate adult; and”,
(b) in subsection (6), after paragraph (a) there is inserted—
“(aa) the places where reprimands and warnings may be given”.
(2) In section 34 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (limitations on police detention), for subsection (5)(b) there is substituted—
“(b) that, in respect of any such matter, proceedings may be taken against him or he may be reprimanded or warned under section 65 of the [1998 c. 37.] Crime and Disorder Act 1998”.
(1) The [1984 c. 60.] Police and Criminal Evidence Act 1984 is amended in accordance with subsections (2) to (4).
(2) After section 63A there is inserted—
(1) A sample of urine or a non-intimate sample may be taken from a person in police detention for the purpose of ascertaining whether he has any specified Class A drug in his body if the following conditions are met.
(2) The first condition is—
(a) that the person concerned has been charged with a trigger offence; or
(b) that the person concerned has been charged with an offence and a police officer of at least the rank of inspector, who has reasonable grounds for suspecting that the misuse by that person of any specified Class A drug caused or contributed to the offence, has authorised the sample to be taken.
(3) The second condition is that the person concerned has attained the age of 18.
(4) The third condition is that a police officer has requested the person concerned to give the sample.
(5) Before requesting the person concerned to give a sample, an officer must—
(a) warn him that if, when so requested, he fails without good cause to do so he may be liable to prosecution, and
(b) in a case within subsection (2)(b) above, inform him of the giving of the authorisation and of the grounds in question.
(6) A sample may be taken under this section only by a person prescribed by regulations made by the Secretary of State by statutory instrument.
No regulations shall be made under this subsection unless a draft has been laid before, and approved by resolution of, each House of Parliament.
(7) Information obtained from a sample taken under this section may be disclosed—
(a) for the purpose of informing any decision about granting bail in criminal proceedings (within the meaning of the [1976 c. 63.] Bail Act 1976) to the person concerned;
(b) where the person concerned is in police detention or is remanded in or committed to custody by an order of a court or has been granted such bail, for the purpose of informing any decision about his supervision;
(c) where the person concerned is convicted of an offence, for the purpose of informing any decision about the appropriate sentence to be passed by a court and any decision about his supervision or release;
(d) for the purpose of ensuring that appropriate advice and treatment is made available to the person concerned.
(8) A person who fails without good cause to give any sample which may be taken from him under this section shall be guilty of an offence.
(1) A person guilty of an offence under section 63B above shall be liable on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding level 4 on the standard scale, or to both.
(2) A police officer may give an authorisation under section 63B above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
(3) If a sample is taken under section 63B above by virtue of an authorisation, the authorisation and the grounds for the suspicion shall be recorded as soon as is practicable after the sample is taken.
(4) If the sample is taken from a person detained at a police station, the matters required to be recorded by subsection (3) above shall be recorded in his custody record.
(5) Subsections (11) and (12) of section 62 above apply for the purposes of section 63B above as they do for the purposes of that section; and section 63B above does not prejudice the generality of sections 62 and 63 above.
(6) In section 63B above—
“Class A drug” and “misuse” have the same meanings as in the [1971 c. 38.] Misuse of Drugs Act 1971;
“specified” (in relation to a Class A drug) and “trigger offence” have the same meanings as in Part III of the Criminal Justice and Court Services Act 2000.”
(3) In section 38 (duties of custody officer after charge)—
(a) in subsection (1)(a), after sub-paragraph (iii) there is inserted—
“(iiia) in the case of a person who has attained the age of 18, the custody officer has reasonable grounds for believing that the detention of the person is necessary to enable a sample to be taken from him under section 63B below”,
(b) at the end of subsection (2) there is inserted “but may not authorise a person to be kept in police detention by virtue of subsection (1)(a)(iiia) after the end of the period of six hours beginning when he was charged with the offence”.
(4) At the end of section 66 (codes of practice) there is inserted—
“(2) Codes shall (in particular) include provision in connection with the exercise by police officers of powers under section 63B above.”
(5) The Secretary of State may by order amend section 63B(2) of that Act so as to extend it to persons who have been arrested for (but not charged with) the offences in question.
In section 4 of the [1976 c. 63.] Bail Act 1976 (general right to bail), after subsection (8) there is inserted—
“(9) In taking any decisions required by Part I or II of Schedule 1 to this Act, the considerations to which the court is to have regard include, so far as relevant, any misuse of controlled drugs by the defendant (“controlled drugs” and “misuse” having the same meanings as in the [1971 c. 38.] Misuse of Drugs Act 1971).”
In section 43(1) of the [1952 c. 52.] Prison Act 1952 (places of detention provided by Secretary of State), paragraph (a) (remand centres) is to cease to have effect.
(1) After section 82 of the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000 there is inserted—
(1) This section applies if a court passes a life sentence in circumstances where—
(a) the sentence is not fixed by law; or
(b) the offender was aged under 18 when he committed the offence.
(2) The court shall, unless it makes an order under subsection (4) below, order that the provisions of section 28(5) to (8) of the [1997 c. 43.] Crime (Sentences) Act 1997 (referred to in this section as the “early release provisions”) shall apply to the offender as soon as he has served the part of his sentence which is specified in the order.
(3) The part of his sentence shall be such as the court considers appropriate taking into account—
(a) the seriousness of the offence, or of the combination of the offence and one or more offences associated with it;
(b) the effect of any direction which it would have given under section 87 below (crediting periods of remand in custody) if it had sentenced him to a term of imprisonment; and
(c) the early release provisions as compared with sections 33(2) and 35(1) of the [1991 c. 53.] Criminal Justice Act 1991.
(4) If the court is of the opinion that, because of the seriousness of the offence or of the combination of the offence and one or more offences associated with it, no order should be made under subsection (2) above, the court shall order that, subject to subsection (5) below, the early release provisions shall not apply to the offender.
(5) If, in a case where an order under subsection (4) above is in force, the offender was aged under 18 when he committed the offence, the Secretary of State shall at the appropriate stage direct that the early release provisions shall apply to the offender as soon as he has served the part of his sentence which is specified in the direction.
(6) The appropriate stage, for the purposes of subsection (5) above, is when the Secretary of State has formed the opinion, having regard to any factors determined by him to be relevant for the purpose, that it is appropriate for him to give the direction.
(7) In this section—
“court” includes a court-martial;
“life sentence” has the same meaning as in Chapter II of Part II of the [1997 c. 43.] Crime (Sentences) Act 1997.
(8) So far as this section relates to sentences passed by a court-martial, section 167(1) below does not apply.”
(2) In section 90 of the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000 (offenders who commit murder when under 18: duty to detain at Her Majesty’s pleasure), after “murder” there is inserted “or any other offence the sentence for which is fixed by law as life imprisonment”; and, in the sidenote, after “murder” there is inserted “etc.”.
(3) This section has effect in relation to sentences passed after the coming into force of this section.
(4) In relation to any time before the coming into force of section 87 of the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000, section 82A of that Act shall have effect as if, in paragraph (b) of subsection (3), for “of any direction which it would have given under section 87 below (crediting periods of remand in custody)” there were substituted “which section 67 of the [2000 c. 6.] Criminal[1967 c. 80.] Justice Act 1967 would have had”.
(1) No court is to pass a sentence of detention in a young offender institution or a sentence of custody for life, and no court is to make a custodial order except in relation to a person who is aged at least 17 but under 18.
(2) No court is to commit a person to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention of persons aged at least 18 but under 21 for default or contempt) or make an order fixing a term of detention under that section.
(3) A person who—
(a) has been sentenced (before the coming into force of this section) to a term of detention in a young offender institution, to custody for life or to a custodial order, and
(b) is aged at least 18 but under 21,
may be detained in a young offender institution, or in a prison, determined by the Secretary of State.
(4) A person—
(a) who has been committed (before the coming into force of this section) to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 or in respect of whom an order fixing a term of detention under that section has been made (before the coming into force of this section), and
(b) who is aged under 21,
may be detained in a young offender institution, or in a prison, determined by the Secretary of State.
(5) A person who has been sentenced to imprisonment and is aged under 21 may be detained—
(a) in a prison, or
(b) in a young offender institution in which one or more persons mentioned in subsection (3) or (4) are detained,
determined by the Secretary of State.
(6) A determination of the Secretary of State under this section may be made in respect of an individual or any description of individuals.
(7) The repeal by this Act of section 106(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (interaction of sentences of detention in a young offender institution) does not affect the validity of any order made, or having effect as if made, under paragraph (b) of that subsection.
(8) In this section—
“court” includes a court-martial and a Standing Civilian Court,
“custodial order” means an order under—
section 71AA of, or paragraph 10 of Schedule 5A to, the [1955 c. 18.] Army Act 1955,
section 71AA of, or paragraph 10 of Schedule 5A to, the [1955 c. 19.] Air Force Act 1955,
section 43AA of, or paragraph 10 of Schedule 4A to, the [1957 c. 53.] Naval Discipline Act 1957.
(9) On the coming into force of this section—
(a) paragraph (b) of the definition of “qualifying sentence” in section 30(1), and
(b) paragraph (b) of the definition of “relevant sentence” in section 69(7),
are omitted.
(1) This section applies where a sentence of imprisonment has been imposed on a person and, by virtue of any enactment—
(a) the Secretary of State is required to, or may, release the person from prison, and
(b) the release is required to be, or may be, subject to conditions (whether conditions of a licence or any other conditions, however expressed).
(2) The conditions may include—
(a) conditions for securing the electronic monitoring of his compliance with any other conditions of his release,
(b) conditions for securing the electronic monitoring of his whereabouts (otherwise than for the purpose of securing his compliance with other conditions of his release).
(3) In relation to a prisoner released under section 34A(3) of the [1991 c. 53.] Criminal Justice Act 1991 (power to release short-term prisoners on licence) the monitoring referred to in subsection (2)(a) does not include the monitoring of his compliance with conditions imposed under section 37A of that Act (curfew conditions).
(4) The Secretary of State may make rules about the conditions that may be imposed by virtue of this section.
(5) In this section, “sentence of imprisonment” includes—
(a) a detention and training order,
(b) a sentence of detention in a young offender institution,
(c) a sentence of detention under section 90 of the [2000 c. 6.] Powers of Criminal Courts (Sentencing) Act 2000 (detention at Her Majesty’s pleasure),
(d) a sentence of detention under section 91 of that Act (detention of offenders under 18 convicted of certain serious offences),
(e) a sentence of custody for life under section 93 or 94 of that Act,
and “prison” shall be construed accordingly.
(1) Section 65 of the [1991 c. 53.] Criminal Justice Act 1991 is amended as follows.
(2) After subsection (5) there is inserted—
“(5A) The requirements that may be specified in a notice under subsection (5) above include—
(a) requirements for securing the electronic monitoring of the person’s compliance with any other requirements specified in the notice;
(b) requirements for securing the electronic monitoring of his whereabouts (otherwise than for the purpose of securing his compliance with requirements specified in the notice);
(c) in the circumstances mentioned in subsection (5B) below, requirements to provide, when instructed to do so by an officer of a local probation board or a person authorised by the Secretary of State, any sample mentioned in the instruction for the purpose of ascertaining whether the person has any specified Class A drug in his body.
(5B) The circumstances referred to in subsection (5A)(c) above are that—
(a) the person has attained the age of 18 years;
(b) his term of detention was imposed for a trigger offence; and
(c) the requirements to provide samples are being imposed for the purpose of determining whether he is complying with any other requirements specified in the notice.
(5C) Requirements imposed by virtue of subsection (5A) above shall not have effect on or after the day on which the person would (but for his release) have served his term in full.
(5D) The function of giving such an instruction as is mentioned in subsection (5A)(c) above shall be exercised in accordance with guidance given from time to time by the Secretary of State; and the Secretary of State may make rules about the requirements that may be imposed by virtue of subsection (5A) above and the provision of samples in pursuance of such an instruction.”
(3) After subsection (8) there is inserted—
“(9) The power to make rules under this section—
(a) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament;
(b) shall include power to make different provision for different cases or classes of case.
(10) In this section, “specified Class A drug” and “trigger offence” have the same meanings as in Part III of the Criminal Justice and Court Services Act 2000.”
Criminal Justice and Courts Services Act 2000