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Criminal Justice Bill


Criminal Justice Bill
Part 12 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 and 3

    125

 

     (3)    Where a relevant order specifies a petty sessions area for which the court

making the order does not act, the court making the order must provide to the

magistrates’s court acting for that area—

           (a)           a copy of the order, and

           (b)           such documents and information relating to the case as it considers

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likely to be of assistance to a court acting for that area in the exercise of

its functions in relation to the order.

 211   Duty of offender to keep in touch with responsible officer

     (1)    An offender in respect of whom a community order or a suspended sentence

order is in force—

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           (a)           must keep in touch with the responsible officer in accordance with such

instructions as he may from time to time be given by that officer, and

           (b)           must notify him of any change of address.

     (2)    The obligation imposed by subsection (1) is enforceable as if it were a

requirement imposed by the order.

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Powers of Secretary of State

 212   Provision of attendance centres

     (1)    The Secretary of State may continue to provide attendance centres.

     (2)    In this Part “attendance centre” means a place at which offenders aged under

25 may be required to attend and be given under supervision appropriate

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occupation or instruction in pursuance of—

           (a)           attendance centre requirements of community orders, or

           (b)           attendance centre orders under section 60 of the Sentencing Act.

     (3)    For the purpose of providing attendance centres, the Secretary of State may

make arrangements with any local authority or police authority for the use of

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premises of that authority.

 213   Rules

     (1)    The Secretary of State may make rules for regulating—

           (a)           the supervision of persons who are subject to relevant orders,

           (b)           without prejudice to the generality of paragraph (a), the functions of

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responsible officers in relation to offenders subject to relevant orders,

           (c)           the arrangements to be made by local probation boards for persons

subject to unpaid work requirements to perform work and the

performance of such work,

           (d)           the provision and carrying on of attendance centres and community

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rehabilitation centres,

           (e)           the attendance of persons subject to activity requirements or

attendance centre requirements at the places at which they are required

to attend, including hours of attendance, reckoning days of attendance

and the keeping of attendance records,

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           (f)           electronic monitoring in pursuance of an electronic monitoring

requirement, and

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 5 — Dangerous offenders

    126

 

           (g)           without prejudice to the generality of paragraph (f), the functions of

persons made responsible for securing electronic monitoring in

pursuance of such a requirement.

     (2)    Rules under subsection (1)(c) may, in particular, make provision—

           (a)           limiting the number of hours of work to be done by a person on any one

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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.

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 214   Power to amend limits

     (1)    The Secretary of State may by order amend—

           (a)           subsection (2) of section 190 (unpaid work requirement), or

           (b)           subsection (2) of section 195 (curfew requirement),

            by substituting, for the maximum number of hours for the time being specified

15

in that subsection, such other number of hours as may be specified in the order.

     (2)    The Secretary of State may by order amend any of the provisions mentioned in

subsection (3) by substituting, for any period for the time being specified in the

provision, such other period as may be specified in the order.

     (3)    Those provisions are—

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           (a)           section 195(3) (curfew requirement);

           (b)           section 196(2) (exclusion requirement);

           (c)           section 200(3) (drug rehabilitation requirement);

           (d)           section 203(4) (alcohol treatment requirement).

Chapter 5

25

Dangerous offenders

 215   Meaning of “specified offence” etc.

     (1)    An offence is a “specified offence” for the purposes of this Chapter if it is a

specified violent offence or a specified sexual offence.

     (2)    An offence is a “serious offence” for the purposes of this Chapter if and only

30

if—

           (a)           it is a specified offence, and

           (b)           it is, apart from section 216, punishable in the case of a person aged 18

or over by—

                  (i)                 imprisonment for life, or

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                  (ii)                imprisonment for a determinate period of ten years or more.

     (3)    In this Chapter—

                    “relevant offence” has the meaning given by section 220(4);

                    “serious harm” means death or serious personal injury, whether physical

or psychological;

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                    “specified violent offence” means an offence specified in Part 1 of

Schedule 12;

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 5 — Dangerous offenders

    127

 

                    “specified sexual offence” means an offence specified in Part 2 of that

Schedule.

 216   Life sentence or imprisonment for public protection for serious offences

     (1)    This section applies where—

           (a)           a person aged 18 or over is convicted of a serious offence committed

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after the commencement of this section, and

           (b)           the court is of the opinion that there is a significant risk to members of

the public of serious harm occasioned by the commission by him of

further specified offences.

     (2)    If—

10

           (a)           the offence is one in respect of which the offender would apart from this

section be liable to imprisonment for life, and

           (b)           the court considers that the seriousness of the offence, or of the offence

and one or more offences associated with it, is such as to justify the

imposition of a sentence of imprisonment for life,

15

            the court must impose a sentence of imprisonment for life.

     (3)    In a case not falling within subsection (2), the court must impose a sentence of

imprisonment for public protection.

     (4)    A sentence of imprisonment for public protection is a sentence of

imprisonment for an indeterminate period, subject to the provisions of Chapter

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2 of Part 2 of the Crime (Sentences) Act 1997 (c. 43) as to the release of prisoners

and duration of licences.

     (5)    An offence the sentence for which is imposed under this section is not to be

regarded as an offence the sentence for which is fixed by law.

 217   Detention for life or detention for public protection for serious offences

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committed by those under 18

     (1)    This section applies where—

           (a)           a person aged under 18 is convicted of a serious offence committed

after the commencement of this section, and

           (b)           the court is of the opinion that there is a significant risk to members of

30

the public of serious harm occasioned by the commission by him of

further specified offences.

     (2)    If—

           (a)           the offence is one in respect of which the offender would apart from this

section be liable to a sentence of detention for life under section 91 of

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the Sentencing Act, and

           (b)           the court considers that the seriousness of the offence, or of the offence

and one or more offences associated with it, is such as to justify the

imposition of a sentence of detention for life,

            the court must impose a sentence of detention for life under that section.

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     (3)    If, in a case not falling within subsection (2), the court considers that an

extended sentence under section 219 would not be adequate for the purpose of

protecting the public from serious harm occasioned by the commission by the

offender of further specified offences, the court must impose a sentence of

detention for public protection.

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Criminal Justice Bill
Part 12 — Sentencing
Chapter 5 — Dangerous offenders

    128

 

     (4)    A sentence of detention for public protection is a sentence of detention for an

indeterminate period, subject to the provisions of Chapter 2 of Part 2 of the

Crime (Sentences) Act 1997 (c. 43) as to the release of prisoners and duration of

licences.

     (5)    An offence the sentence for which is imposed under this section is not to be

5

regarded as an offence the sentence for which is fixed by law.

 218   Extended sentence for certain violent or sexual offences: persons 18 or over

     (1)    This section applies where—

           (a)           a person aged 18 or over is convicted of a specified offence, other than

a serious offence, committed after the commencement of this section,

10

and

           (b)           the court considers that there is a significant risk to members of the

public of serious harm occasioned by the commission by the offender

of further specified offences.

     (2)    The court must impose on the offender an extended sentence of imprisonment,

15

that is to say, a sentence of imprisonment the term of which is equal to the

aggregate of—

           (a)           the appropriate custodial term, and

           (b)           a further period (“the extension period”) for which the offender is to be

subject to a licence and which is of such length as the court considers

20

necessary for the purpose of protecting members of the public from

serious harm occasioned by the commission by him of further specified

offences.

     (3)    In subsection (2) “the appropriate custodial term” means a term of

imprisonment (not exceeding the maximum term permitted for the offence)

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which—

           (a)           is the term that would (apart from this section) be imposed in

compliance with section 145(2), or

           (b)           where the term that would be so imposed is a term of less than 12

months, is a term of 12 months.

30

     (4)    The extension period must not exceed—

           (a)           five years in the case of a specified violent offence, and

           (b)           eight years in the case of a specified sexual offence.

     (5)    The term of an extended sentence of imprisonment passed under this section

in respect of an offence must not exceed the maximum term permitted for the

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offence.

 219   Extended sentence for certain violent or sexual offences: persons under 18

     (1)    This section applies where—

           (a)           a person aged under 18 is convicted of a specified offence committed

after the commencement of this section, and

40

           (b)           the court considers—

                  (i)                 that there is a significant risk to members of the public of serious

harm occasioned by the commission by the offender of further

specified offences, and

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 5 — Dangerous offenders

    129

 

                  (ii)                where the specified offence is a serious offence, that the case is

not one in which the court is required by section 217(2) to

impose a sentence of detention for life under section 91 of the

Sentencing Act or by section 217(3) to impose a sentence of

detention for public protection.

5

     (2)    The court must impose on the offender an extended sentence of detention, that

is to say, a sentence of detention the term of which is equal to the aggregate

of—

           (a)           the appropriate custodial term, and

           (b)           a further period (“the extension period”) for which the offender is to be

10

subject to a licence and which is of such length as the court considers

necessary for the purpose of protecting members of the public from

serious harm occasioned by the commission by him of further specified

offences.

     (3)    In subsection (2) “the appropriate custodial term” means such term as the court

15

considers appropriate, which—

           (a)           must be at least 12 months, and

           (b)           must not exceed the maximum term of imprisonment permitted for the

offence.

     (4)    The extension period must not exceed—

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           (a)           five years in the case of a specified violent offence, and

           (b)           eight years in the case of a specified sexual offence.

     (5)    The term of an extended sentence of detention passed under this section in

respect of an offence must not exceed the maximum term of imprisonment

permitted for the offence.

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     (6)           Any reference in this section to the maximum term of imprisonment permitted

for an offence is a reference to the maximum term of imprisonment that is,

apart from section 216, permitted for the offence in the case of a person aged 18

or over.

 220   The assessment of dangerousness

30

     (1)    This section applies where—

           (a)           a person has been convicted of a specified offence, and

           (b)           it falls to a court to assess under any of sections 216 to 219 whether there

is a significant risk to members of the public of serious harm occasioned

by the commission by him of further such offences.

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     (2)    If at the time when that offence was committed the offender had not been

convicted in any part of the United Kingdom of any relevant offence or was

aged under 18, the court in making the assessment referred to in subsection

(1)(b)—

           (a)           must take into account all such information as is available to it about

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the nature and circumstances of the offence,

           (b)           may take into account any information which is before it about any

pattern of behaviour of which the offence forms part, and

           (c)           may take into account any information about the offender which is

before it.

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Criminal Justice Bill
Part 12 — Sentencing
Chapter 5 — Dangerous offenders

    130

 

     (3)    If at the time when that offence was committed the offender was aged 18 or

over and had been convicted in any part of the United Kingdom of one or more

relevant offences, the court must assume that there is such a risk as is

mentioned in subsection (1)(b) unless, after taking into account—

           (a)           all such information as is available to it about the nature and

5

circumstances of each of the offences,

           (b)           where appropriate, any information which is before it about any

pattern of behaviour of which any of the offences forms part, and

           (c)           any information about the offender which is before it,

            the court considers that it would be unreasonable to conclude that there is such

10

a risk.

     (4)    In this Chapter “relevant offence” means—

           (a)           an offence committed in England and Wales that is a specified offence,

           (b)           an offence committed in Scotland that is specified in Schedule 13,

           (c)           an offence committed in Northern Ireland that is specified in Schedule

15

14, or

           (d)           an offence that—

                  (i)                 is specified in Schedule 12, 13 or 14, and

                  (ii)                is constituted by an act or omission outside the United

Kingdom.

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 221   Imprisonment or detention for public protection: release on licence

Schedule 15 (release of prisoners serving sentences of imprisonment or

detention for public protection) shall have effect.

 222   Appeals where previous convictions set aside

     (1)    This section applies where—

25

           (a)           a sentence has been imposed on any person under section 216 or 218,

and

           (b)           any previous conviction of his without which the court would not have

been required to make the assumption mentioned in section 220(3) has

been subsequently set aside on appeal.

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     (2)    Notwithstanding anything in section 18 of the Criminal Appeal Act 1968

(c. 19), notice of appeal against the sentence may be given at any time within

28 days from the date on which the previous conviction was set aside.

 223   Certificates of convictions for purposes of section 220

Where—

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           (a)           on any date after the commencement of this section a person is

convicted in England and Wales of a relevant offence, and

           (b)           the court by or before which he is so convicted states in open court that

he has been convicted of such an offence on that date, and

           (c)           that court subsequently certifies that fact,

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            that certificate shall be evidence, for the purposes of section 220, that he was

convicted of such an offence on that date.

 

 

 
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