Criminal Justice and Court Services Bill. - continued        House of Lords
PART III, DEALING WITH OFFENDERS - continued

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  CHAPTER II
  MISCELLANEOUS
 
Young offenders: reprimands and warnings
Reprimands and warnings.     53. - (1) In section 65 of the 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 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 Crime and Disorder Act 1998".
 
Police powers: drugs
Testing persons in police detention.     54. - (1) The Police and Criminal Evidence Act 1984 is amended in accordance with subsections (2) to (4).
 
      (2) After section 63A there is inserted-
 
 
"Testing for presence of Class A drugs.     63B. - (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 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.
 
Testing for presence of Class A drugs: supplementary.     63C. - (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 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 of that Act (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 of that Act (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.
 
 
Bail
Right to bail: relevance of drug misuse.     55. In section 4 of the 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 Misuse of Drugs Act 1971)."
 
 
Detention
Remand centres.     56. In section 43(1) of the Prison Act 1952 (places of detention provided by Secretary of State), paragraph (a) (remand centres) is to cease to have effect.
 
Life sentences: tariffs.     57. - (1) After section 82 of the Powers of Criminal Courts (Sentencing) Act 2000 there is inserted-
 
 

"Life sentences
Determination of tariffs.     82A. - (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 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 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 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 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 Powers of Criminal Courts (Sentencing) Act 2000, section 82A of that Act shall have effect as if, in paragraph (b) of subsection (3), for the words "of any direction it would have given under section 87 below" there were substituted the words "which section 67 of the Criminal Justice Act 1967 would have had".
 
Abolition of sentences of detention in a young offender institution, custody for life, etc.     58. - (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 who-
 
 
    (a) 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) 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-
 
      (a) section 71AA of, or paragraph 10 of Schedule 5A to, the Army Act 1955,
 
      (b) section 71AA of, or paragraph 10 of Schedule 5A to, the Air Force Act 1955,
 
      (c) section 43AA of, or paragraph 10 of Schedule 4A to, the Naval Discipline Act 1957.
 
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