Criminal Justice and Court Services Bill. - continued        House of Lords

back to previous text
 
  PART III
  DEALING WITH OFFENDERS
  CHAPTER I
  COMMUNITY SENTENCES
 
Re-naming certain community orders
Probation orders renamed community rehabilitation orders.     40. - (1) An order under subsection (1) of section 41 of the Powers of Criminal Courts (Sentencing) Act 2000 (probation orders), whenever made, is to be referred to as a community rehabilitation order.
 
      (2) References in any enactment, instrument or document to a community rehabilitation order include (where the context allows) an order under any provision corresponding to that subsection which is repealed by that Act.
 
      (3) Accordingly-
 
 
    (a) in subsection (2) of that section, for ""probation order"" there is substituted ""community rehabilitation order"", but
 
    (b) paragraph 1(3) of Schedule 11 to that Act (general transitional provisions) does not apply to that subsection as amended by this.
      (4) References in any enactment, instrument or document to a probation order-
 
 
    (a) are to an order under any provision corresponding to section 41(1) of that Act which is repealed by that Act, and
 
    (b) include (where the context allows) an order under that subsection.
      (5) In section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 (general definitions), at the appropriate place there is inserted-
 
 
    ""community rehabilitation order" has the meaning given by section 40 of the Criminal Justice and Court Services Act 2000".
Community service orders renamed community punishment orders.     41. - (1) An order under subsection (1) of section 46 of the Powers of Criminal Courts (Sentencing) Act 2000 (community service orders), whenever made, is to be referred to as a community punishment order.
 
      (2) References in any enactment, instrument or document to a community punishment order include (where the context allows) an order under any provision corresponding to that subsection which is repealed by that Act.
 
      (3) Accordingly-
 
 
    (a) in subsection (2) of that section, for ""community service order"" there is substituted ""community punishment order"", but
 
    (b) paragraph 1(3) of Schedule 11 to that Act (general transitional provisions) does not apply to that subsection as amended by this.
      (4) References in any enactment, instrument or document to a community service order-
 
 
    (a) are to an order under any provision corresponding to section 46(1) of that Act which is repealed by that Act, and
 
    (b) include (where the context allows) an order under that subsection.
      (5) In section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 (general definitions), in the definition of "community service order"-
 
 
    (a) for "service" there is substituted "punishment",
 
    (b) for the words from "means" to the first mention of "above" there is substituted "has the meaning given by section 41 of the Criminal Justice and Court Services Act 2000",
  and that definition is moved to follow the definition of "community order".
 
Combination orders renamed community punishment and rehabilitation orders.     42. - (1) An order under subsection (1) of section 51 of the Powers of Criminal Courts (Sentencing) Act 2000 (combination orders), whenever made, is to be referred to as a community punishment and rehabilitation order.
 
      (2) References in any enactment, instrument or document to a community punishment and rehabilitation order include (where the context allows) an order under any provision corresponding to that subsection which is repealed by that Act.
 
      (3) Accordingly-
 
 
    (a) in subsection (2) of that section, for ""combination order"" there is substituted ""community punishment and rehabilitation order"", but
 
    (b) paragraph 1(3) of Schedule 11 to that Act (general transitional provisions) does not apply to that subsection as amended by this.
      (4) References in any enactment, instrument or document to a combination order-
 
 
    (a) are to an order under any provision corresponding to section 51(1) of that Act which is repealed by that Act, and
 
    (b) include (where the context allows) an order under that subsection.
      (5) In section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 (general definitions), at the appropriate place there is inserted-
 
 
    ""community punishment and rehabilitation order" has the meaning given by section 42 of the Criminal Justice and Court Services Act 2000".
 
New community orders
Exclusion orders.     43. After section 40 of the Powers of Criminal Courts (Sentencing) Act 2000 there is inserted-
 
 

"Exclusion orders
Exclusion orders.     40A. - (1) Where a person is convicted of an offence, the court by or before which he is convicted may (subject to sections 34 to 36 above) make an order prohibiting him from entering a place specified in the order for a period so specified of not more than one year.
 
      (2) An order under subsection (1) above is in this Act referred to as an "exclusion order".
 
      (3) An exclusion order-
 
 
    (a) may provide for the prohibition to operate only during the periods specified in the order;
 
    (b) may specify different places for different periods or days.
      (4) In relation to an offender aged under 16 on conviction, subsection (1) above shall have effect as if the reference to one year were a reference to three months.
 
      (5) The requirements in an exclusion order shall, as far as practicable, be such as to avoid-
 
 
    (a) any conflict with the offender's religious beliefs or with the requirements of any other community order to which he may be subject; and
 
    (b) any interference with the times, if any, at which he normally works or attends school or any other educational establishment.
      (6) An exclusion order shall include provision for making a person responsible for monitoring the offender's whereabouts during the periods when the prohibition operates; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.
 
      (7) An exclusion order shall specify the petty sessions area in which the offender resides or will reside.
 
      (8) A court shall not make an exclusion order unless the court has been notified by the Secretary of State that arrangements for monitoring the offender's whereabouts are available in the area in which the place proposed to be specified in the order is situated and the notice has not been withdrawn.
 
      (9) Before making an exclusion order in respect of an offender who on conviction is under 16, the court shall obtain and consider information about his family circumstances and the likely effect of such an order on those circumstances.
 
      (10) Before making an exclusion order, the court shall explain to the offender in ordinary language-
 
 
    (a) the effect of the order (including any additional requirements proposed to be included in the order in accordance with section 36B above (electronic monitoring));
 
    (b) the consequences which may follow (under Part II of Schedule 3 to this Act) if he fails to comply with any of the requirements of the order; and
 
    (c) that the court has power (under Parts III and IV of that Schedule) to review the order on the application of the offender, the responsible officer or any affected person.
      (11) The court by which an exclusion order is made shall-
 
 
    (a) give a copy of the order to the offender and the responsible officer, and
 
    (b) give to any affected person any information relating to the order which the court considers it appropriate for him to have.
      (12) In this section, "place" includes an area.
 
      (13) For the purposes of this Act, a person is an affected person in relation to an exclusion order if-
 
 
    (a) a requirement under section 36B(1) above is included in the order by virtue of his consent, or
 
    (b) a prohibition is included in the order for the purpose (or partly for the purpose) of protecting him from being approached by the offender.
      (14) In this Act, "responsible officer", in relation to an offender subject to an exclusion order, means the person who is responsible for monitoring the offender's whereabouts during the periods when the prohibition operates.
 
Breach, revocation and amendment of exclusion orders.     40B. Schedule 3 to this Act (which makes provision for dealing with failures to comply with the requirements of certain community orders, for revoking such orders with or without the substitution of other sentences and for amending such orders) shall have effect so far as relating to exclusion orders.
 
Exclusion orders: supplementary.     40C. - (1) The Secretary of State may make rules for regulating-
 
 
    (a) the monitoring of the whereabouts of persons who are subject to exclusion orders; and
 
    (b) without prejudice to the generality of paragraph (a) above, the functions of persons who are responsible officers in relation to offenders subject to exclusion orders.
      (2) The Secretary of State may by order direct-
 
 
    (a) that subsection (1) of section 40A above shall have effect with the substitution, for the period there specified, of such period as may be specified in the order; or
 
    (b) that subsection (5) of that section shall have effect with such additional restrictions as may be so specified.
      (3) An order under subsection (2)(a) above may make in paragraphs 2A(4) and (5) and 19(4) of Schedule 3 to this Act any amendment which the Secretary of State thinks necessary in consequence of any substitution made by the order."
 
Drug abstinence orders.     44. After section 58 of the Powers of Criminal Courts (Sentencing) Act 2000 there is inserted-
 
 

"Drug abstinence orders
Drug abstinence orders.     58A. - (1) Where a person aged 18 or over is convicted of an offence, the court by or before which he is convicted may (subject to sections 34 to 36 above) make an order which requires the offender-
 
 
    (a) to abstain from misusing specified Class A drugs; and
 
    (b) to provide, when instructed to do so by the responsible officer, any sample mentioned in the instruction for the purpose of ascertaining whether he has any specified Class A drug in his body.
      (2) An order under subsection (1) above is in this Act referred to as a "drug abstinence order".
 
      (3) The court shall not make a drug abstinence order in respect of an offender unless-
 
 
    (a) in the opinion of the court, the offender is dependent on, or has a propensity to misuse, specified Class A drugs; and
 
    (b) the offence in question is a trigger offence or, in the opinion of the court, the misuse by the offender of any specified Class A drug caused or contributed to the offence in question.
      (4) A drug abstinence order shall provide that, for the period for which the order has effect, the offender shall be under the supervision of a person, being a person of a description specified in an order made by the Secretary of State.
 
      (5) In this Act, "responsible officer", in relation to an offender who is subject to a drug abstinence order, means the person who is responsible for his supervision.
 
      (6) The function of giving instructions for the purposes of subsection (1)(b) above shall be exercised in accordance with guidance given from time to time by the Secretary of State.
 
      (7) A drug abstinence order shall have effect for a period specified in the order of not less than six months nor more than three years.
 
      (8) The Secretary of State may make rules for regulating the provision of samples in pursuance of such instructions.
 
      (9) A court shall not make a drug abstinence order unless the court has been notified by the Secretary of State that arrangements for implementing such orders are available in the area proposed to be specified in the order under section 54(1) above (as applied by section 58B(2) below) and the notice has not been withdrawn.
 
Drug abstinence orders: supplementary.     58B. - (1) Before making a drug abstinence order, the court shall explain to the offender in ordinary language-
 
 
    (a) the effect of the order and of the requirements proposed to be included in it;
 
    (b) the consequences which may follow (under Part II of Schedule 3 to this Act) if he fails to comply with any of those requirements; and
 
    (c) that the order may be reviewed (under Parts III and IV of that Schedule) on the application either of the offender or of the responsible officer.
      (2) Section 54 above (except subsections (2), (3) and (6)) and section 57 above (except subsections (2), (3A) and (4)(b)) shall apply for the purposes of section 58A above and this section as if references to drug treatment and testing orders were references to drug abstinence orders.
 
      (3) Schedule 3 to this Act (which makes provision for dealing with failures to comply with the requirements of certain community orders, for revoking such orders with or without the substitution of other sentences and for amending such orders) shall have effect so far as relating to drug abstinence orders.
 
      (4) The Secretary of State may by order amend subsection (7) of section 58A above by substituting a different period for the minimum or maximum period for the time being specified in that subsection.
 
      (5) An order under subsection (4) above may make in paragraphs 2A(4) and (5) and 19(6) of Schedule 3 to this Act any amendment which the Secretary of State thinks necessary in consequence of any substitution made by the order."
 
 
Miscellaneous
Pre-sentence drug testing.     45. - (1) In Chapter I of Part IV of the Powers of Criminal Courts (Sentencing) Act 2000, after section 36 there is inserted-
 
 
"Pre-sentence drug testing.     36A. - (1) Where a person aged 18 or over is convicted of an offence and the court is considering passing a community sentence, it may make an order under subsection (2) below for the purpose of ascertaining whether the offender has any specified Class A drug in his body.
 
    (2) The order shall require the offender to provide, in accordance with the order, samples of any description specified in the order.
 
      (3) If it is proved to the satisfaction of the court that the offender has, without reasonable excuse, failed to comply with the order it may impose on him a fine of an amount not exceeding level 4.
 
  In this subsection, "level 4" means the amount which, in relation to a fine for a summary offence, is level 4 on the standard scale.
 
      (4) The court shall not make an order under subsection (2) above unless it has been notified by the Secretary of State that the power to make such orders is exercisable by the court and the notice has not been withdrawn."
 
 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2000
Prepared 6 October 2000