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Powers of Criminal Courts (Sentencing) Bill [H.L.]

This is the Powers of Criminal Courts (Sentencing) Bill [H.L.], as introduced in the House of Lords on 1st March 2000.

 


EUROPEAN CONVENTION ON HUMAN RIGHTS

The Lord Chancellor has made the following statement under section 19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the Powers of Criminal Courts (Sentencing) Bill [H.L.] are compatible with the Convention rights.


 
  
Powers of Criminal Courts (Sentencing) Bill [H.L.]
 
 
 
 
ARRANGEMENT OF CLAUSES

PART I
POWERS EXERCISABLE BEFORE SENTENCE
Deferment of sentence
Clause 
1.Deferment of sentence.
2.Further powers of courts where sentence deferred under section 1.

Committal to Crown Court for sentence
3.Committal for sentence on summary trial of offence triable either way.
4.Committal for sentence on indication of guilty plea to offence triable either way.
5.Power of Crown Court on committal for sentence under sections 3 and 4.
6.Committal for sentence in certain cases where offender committed in respect of another offence.
7.Power of Crown Court on committal for sentence under section 6.

Remission for sentence: young offenders etc.
8.Power and duty to remit young offenders to youth courts for sentence.
9.Power of youth court to remit offender who attains age of 18 to magistrates' court other than youth court for sentence.
10.Power of magistrates' court to remit case to another magistrates' court for sentence.

Remand by magistrates' court for medical examination
11.Remand by magistrates' court for medical examination.

PART II
ABSOLUTE AND CONDITIONAL DISCHARGE
12.Absolute and conditional discharge.
13.Commission of further offence by person conditionally discharged.
14.Effect of discharge.
15.Discharge: supplementary.

PART III
MANDATORY AND DISCRETIONARY REFERRAL OF YOUNG OFFENDERS
Referral orders
16.Duty and power to refer certain young offenders to youth offender panels.
17.The referral conditions.
18.Making of referral orders: general.
19.Making of referral orders: effect on court's other sentencing powers.
20.Making of referral orders: attendance of parents etc.

Youth offender panels
21.Establishment of panels.
22.Attendance at panel meetings.

Youth offender contracts
23.First meeting: agreement of contract with offender.
24.First meeting: duration of contract.
25.First meeting: failure to agree contract.
26.Progress meetings.
27.Final meeting.

Further court proceedings
28.Offender referred back to court or convicted while subject to referral order.

Supplementary
29.Functions of youth offending teams.
30.Regulations under Part III.
31.Rules of court.
32.Definitions for purposes of Part III.

PART IV
COMMUNITY ORDERS AND REPARATION ORDERS
CHAPTER I
COMMUNITY ORDERS: GENERAL PROVISIONS
33.Meaning of "community order" and "community sentence".
34.Community orders not available where sentence fixed by law etc.
35.Restrictions on imposing community sentences.
36.Procedural requirements for community sentences: pre-sentence reports etc.

CHAPTER II
COMMUNITY ORDERS AVAILABLE FOR OFFENDERS OF ANY AGE
Curfew orders
37.Curfew orders.
38.Electronic monitoring of curfew orders.
39.Breach, revocation and amendment of curfew orders.
40.Curfew orders: supplementary.

CHAPTER III
COMMUNITY ORDERS AVAILABLE ONLY WHERE OFFENDER AGED 16 OR OVER
Probation orders
41.Probation orders.
42.Additional requirements which may be included in probation orders.
43.Breach, revocation and amendment of probation orders.
44.Offenders residing in Scotland or Northern Ireland.
45.Probation orders: supplementary.

Community service orders
46.Community service orders.
47.Obligations of person subject to community service order.
48.Breach, revocation and amendment of community service orders.
49.Offenders residing in Scotland or Northern Ireland.
50.Community service orders: supplementary.

Combination orders
51.Combination orders.

Drug treatment and testing orders
52.Drug treatment and testing orders.
53.The treatment and testing requirements.
54.Provisions of order as to supervision and periodic review.
55.Periodic reviews.
56.Breach, revocation and amendment of drug treatment and testing orders.
57.Copies of orders.
58.Drug treatment and testing orders: supplementary.

Orders for persistent petty offenders
59.Curfew orders and community service orders for persistent petty offenders.

CHAPTER IV
ATTENDANCE CENTRE ORDERS: OFFENDERS UNDER 21 AND DEFAULTERS
60.Attendance centre orders.
61.Breach, revocation and amendment of attendance centre orders.
62.Provision, regulation and management of attendance centres.

CHAPTER V
COMMUNITY ORDERS AVAILABLE ONLY WHERE OFFENDER AGED UNDER 18
Supervision orders
63.Supervision orders.
64.Selection and duty of supervisor and certain expenditure of his.
65.Breach, revocation and amendment of supervision orders.
66.Facilities for implementing supervision orders.
67.Meaning of "local authority", "reside" and "parent".
68.Isles of Scilly.

Action plan orders
69.Action plan orders.
70.Requirements which may be included in action plan orders and directions.
71.Action plan orders: power to fix further hearings.
72.Breach, revocation and amendment of action plan orders.

CHAPTER VI
REPARATION ORDERS FOR YOUNG OFFENDERS
73.Reparation orders.
74.Requirements and provisions of reparation order, and obligations of person subject to it.
75.Breach, revocation and amendment of reparation orders.

PART V
CUSTODIAL SENTENCES ETC.
CHAPTER I
GENERAL PROVISIONS
Meaning of "custodial sentence"
76.Meaning of "custodial sentence".

Liability to imprisonment on conviction on indictment
77.Liability to imprisonment on conviction on indictment.

General limit on magistrates' courts' powers
78.General limit on magistrates' court's power to impose imprisonment or detention in a young offender institution.

General restrictions on discretionary custodial sentences
79.General restrictions on imposing discretionary custodial sentences.
80.Length of discretionary custodial sentences: general provision.

Procedural requirements for imposing discretionary custodial sentences
81.Pre-sentence reports and other requirements.
82.Additional requirements in case of mentally disordered offender.

Other restrictions
83.Restriction on imposing custodial sentences on persons not legally represented.
84.Restriction on consecutive sentences for released prisoners.

Sexual and violent offences: licences etc.
85.Sexual or violent offences: extension of certain custodial sentences for licence purposes.
86.Sexual offences committed before 30th September 1998.

Crediting of periods of remand in custody
87.Crediting of periods of remand in custody: terms of imprisonment and detention.
88.Meaning of "remand in custody".

CHAPTER II
DETENTION AND CUSTODY OF YOUNG OFFENDERS
Restriction on imposing imprisonment on persons under 21
89.Restriction on imposing imprisonment on persons under 21.

Detention at Her Majesty's pleasure or for specified period
90.Offenders who commit murder when under 18: duty to detain at Her Majesty's pleasure.
91.Offenders under 18 convicted of certain serious offences: power to detain for specified period.
92.Detention under sections 90 and 91: place of detention etc.

Custody for life
93.Duty to impose custody for life in certain cases where offender under 21.
94.Power to impose custody for life in certain other cases where offender at least 18 but under 21.
95.Custody for life: place of detention.

Detention in a young offender institution
96.Detention in a young offender institution for other cases where offender at least 18 but under 21.
97.Term of detention in a young offender institution, and consecutive sentences.
98.Detention in a young offender institution: place of detention.

Conversion of sentence of detention or custody to sentence of imprisonment
99.Conversion of sentence of detention or custody to sentence of imprisonment.

Detention and training orders
100.Offenders under 18: detention and training orders.
101.Term of order, consecutive terms and taking account of remands.
102.The period of detention and training.
103.The period of supervision.
104.Breach of supervision requirements.
105.Offences during currency of order.
106.Interaction with sentences of detention in a young offender institution.
107.Meaning of "secure accommodation" and references to terms.

Detention of persons aged at least 18 but under 21 for default or contempt
108.Detention of persons aged at least 18 but under 21 for default or contempt.

CHAPTER III
REQUIRED CUSTODIAL SENTENCES FOR CERTAIN OFFENCES
109.Life sentence for second serious offence.
110.Minimum of seven years for third class A drug trafficking offence.
111.Minimum of three years for third domestic burglary.
112.Appeals where previous convictions set aside.
113.Certificates of convictions for purposes of Chapter III.
114.Offences under service law.
115.Determination of day when offence committed.

CHAPTER IV
RETURN TO PRISON ETC. WHERE OFFENCE COMMITTED DURING ORIGINAL SENTENCE
116.Power to order return to prison etc. where offence committed during original sentence.
117.Treatment for purposes of section 116(1) of person serving two or more sentences or extended sentence.

CHAPTER V
SUSPENDED SENTENCES OF IMPRISONMENT
Suspended sentences of imprisonment
118.Suspended sentences of imprisonment.
119.Power of court on conviction of further offence to deal with suspended sentence.
120.Court by which suspended sentence may be dealt with.
121.Procedure where court convicting of further offence does not deal with suspended sentence.

Suspended sentence supervision orders
122.Suspended sentence supervision orders.
123.Breach of requirement of suspended sentence supervision order.
124.Suspended sentence supervision orders: revocation, amendment and cessation.

Suspended sentences: supplementary
125.Suspended sentences: supplementary.

PART VI
FINANCIAL PENALTIES AND ORDERS
Financial circumstances orders
126.Powers to order statement as to offender's financial circumstances.

Fines: general
127.General power of Crown Court to fine offender convicted on indictment.
128.Fixing of fines.
129.Remission of fines.

Compensation orders
130.Compensation orders against convicted persons.
131.Limit on amount payable under compensation order of magistrates' court.
132.Compensation orders: appeals etc.
133.Review of compensation orders.
134.Effect of compensation order on subsequent award of damages in civil proceedings.

Young offenders
135.Limit on fines imposed by magistrates' courts in respect of young offenders.
136.Power to order statement as to financial circumstances of parent or guardian.
137.Power to order parent or guardian to pay fine, costs or compensation.
138.Fixing of fine or compensation to be paid by parent or guardian.

Miscellaneous powers and duties of Crown Court in relation to fines etc.
139.Powers and duties of Crown Court in relation to fines and forfeited recognizances.
140.Enforcement of fines imposed and recognizances forfeited by Crown Court.
141.Power of Crown Court to allow time for payment, or payment by instalments, of costs and compensation.
142.Power of Crown Court to order search of persons before it.

PART VII
FURTHER POWERS OF COURTS
Powers to deprive offender of property used etc. for purposes of crime
143.Powers to deprive offender of property used etc. for purposes of crime.
144.Property which is in possession of police by virtue of section 143.
145.Application of proceeds of forfeited property.

Driving disqualifications
146.Driving disqualification for any offence.
147.Driving disqualification where vehicle used for purposes of crime.

Restitution orders
148.Restitution orders.
149.Restitution orders: supplementary.

Young offenders
150.Binding over of parent or guardian.

PART VIII
MISCELLANEOUS AND SUPPLEMENTARY
Factors to be taken into account in sentencing
151.Effect of previous convictions and of offending while on bail.
152.Reduction in sentences for guilty pleas.
153.Increase in sentences for racial aggravation.

Commencement and alteration of Crown Court sentence
154.Commencement of Crown Court sentence.
155.Alteration of Crown Court sentence.

Disclosure of pre-sentence reports etc.
156.Disclosure of pre-sentence reports.
157.Other reports of probation officers and members of youth offending teams.

Supplementary
158.Savings for powers to mitigate sentences and deal appropriately with mentally disordered offenders.
159.Execution of process between England and Wales and Scotland.
160.Rules and orders.

Interpretation
161.Meaning of "associated offence", "sexual offence", "violent offence" and "protecting the public from serious harm".
162.Meaning of "pre-sentence report".
163.General definitions.
164.Further interpretive provisions.

Final provisions
165.Consequential amendments, transitory modifications, transitional provisions and repeals.
166.Short title.
167.Extent.
168.Commencement.
 

SCHEDULES:
    Schedule 1-Youth offender panels: further court proceedings.
    Part I-Referral back to appropriate court.
    Part II-Further convictions during referral.
    Schedule 2-Additional requirements which may be included in probation orders.
    Schedule 3-Breach, revocation and amendment of curfew, probation, community service, combination and drug treatment and testing orders.
    Part I-Preliminary.
    Part II-Breach of requirement of order.
    Part III-Revocation of order.
    Part IV-Amendment of order.
    Schedule 4-Transfer of certain community orders to Scotland or Northern Ireland.
    Schedule 5-Breach, revocation and amendment of attendance centre orders.
    Schedule 6-Requirements which may be included in supervision orders.
    Schedule 7-Breach, revocation and amendment of supervision orders.
    Schedule 8-Breach, revocation and amendment of action plan orders and reparation orders.
    Schedule 9-Consequential amendments.
    Schedule 10-Transitory modifications.
    Schedule 11-Transitional provisions.
    Part I-General.
    Part II-Specific provisions: replication of old transitional provisions.
    Part III-Specific provisions: miscellaneous transitional provisions.
    Part IV-Interpretation.
    Schedule 12-Repeals and revocations.
    Part I-Acts of Parliament repealed.
    Part II-Subordinate legislation revoked.
 


 
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© Parliamentary copyright 2000
Prepared 2 March 2000