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Criminal Justice Bill


Criminal Justice Bill
Schedule 26 — Amendments relating to sentencing
Part 1 — General

    315

 

  78       For section 33 there is substituted—

       “33                                                 Meaning of “youth community order” and “community sentence”

              (1)             In this Act “youth community order” means any of the following

orders—

                    (a)                   a curfew order;

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                    (b)                   an exclusion order;

                    (c)                   an attendance centre order;

                    (d)                   a supervision order;

                    (e)                   an action plan order.

              (2)             In this Act “community sentence” means a sentence which consists

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of or includes—

                    (a)                   a community order under section 170 of the Criminal Justice

Act 2003, or

                    (b)                   one or more youth community orders.”

  79      (1)      Section 36B (electronic monitoring of requirements in community orders) is

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amended as follows.

          (2)      In the heading for “community orders” there is substituted “youth

community orders”, and

          (3)      In subsection (1)—

              (a)             for “to (4)” there is substituted “and (3)”, and

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              (b)             for “community order” there is substituted “youth community

order”.

          (4)      In subsection (2) and (6)(a), for “community order” there is substituted

“youth community order”.

  80      (1)      Section 37 (curfew orders) is amended as follows.

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          (2)      In subsection (1)—

              (a)             after the word “person” there is inserted “aged under 16”, and

              (b)             for “sections 34 to 36 above” there is substituted “sections 140, 142

and 149 of the Criminal Justice Act 2003”.

          (3)      In subsection (5), for “community order” there is substituted “youth

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community order”.

          (4)      Subsection (10) is omitted.

  81       In section 39 (breach, revocation and amendment of curfew orders), for

“community orders” there is substituted “youth community orders”.

  82       In section 40 (curfew orders: supplementary), in subsection (3), for

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“paragraphs 2A(4) and (5) and 19(3)” there is substituted “paragraph 16(2)”.

  83      (1)      Section 40A (exclusion orders) is amended as follows.

          (2)      In subsection (1)—

              (a)             after “person” there is inserted “aged under 16”,

              (b)             for “sections 34 to 36 above” there is substituted “sections 140, 142

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and 149 of the Criminal Justice Act 2003”, and

              (c)             for “two years” there is substituted “three months”.

          (3)      In subsection (5), for “community order” there is substituted “youth

community order”.

 

 

Criminal Justice Bill
Schedule 26 — Amendments relating to sentencing
Part 1 — General

    316

 

          (4)      Subsection (10) is omitted.

  84       In section 40B (breach, revocation and amendment of exclusion orders), for

“community orders” there is substituted “youth community orders”.

  85      (1)      Section 60 (attendance centre orders) is amended as follows.

          (2)      In subsection (1)—

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              (a)             in paragraph (a), for “sections 34 to 36 above” there is substituted

“sections 140, 142 and 149 of the Criminal Justice Act 2003” and for

“21” there is substituted “16”, and

              (b)             in paragraph (b), for “21” there is substituted “16”, and

              (c)             paragraph (c) and the word “or” immediately preceding it are

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omitted.

          (3)      In subsection (4), for paragraphs (a) and (b) there is substituted “shall not

exceed 24”.

          (4)      In subsection (7), for “community order” there is substituted “youth

community order”.

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  86       In section 63 (supervision orders), in subsection (1), for “sections 34 to 36

above” there is substituted “sections 140, 142 and 149 of the Criminal Justice

Act 2003”.

  87      (1)      Section 69 (action plan orders) is amended as follows.

          (2)      In subsection (1), for “sections 34 to 36 above” there is substituted “sections

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140, 142 and 149 of the Criminal Justice Act 2003”, and

          (3)      In subsection (5)(b), for “a community rehabilitation order, a community

punishment order, a community punishment and rehabilitation order,”

there is substituted “a community order under section 170 of the Criminal

Justice Act 2003”.

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          (4)      Subsection (11) is omitted.

  88       In section 70 (requirements which may be included in action plan orders and

directions), in subsection (5)(a), after the word “other” there is inserted

“youth community order or any”.

  89      (1)      Section 73 (reparation orders) is amended as follows.

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          (2)      In subsection (4)(b), for “a community punishment order, a community

punishment and rehabilitation order,” there is substituted “a community

order under section 170 of the Criminal Justice Act 2003”.

          (3)      Subsection (7) is omitted.

  90       In section 74 (requirements and provisions of reparation order, and

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obligations of person subject to it), in subsection (3)(a), after “community

order” there is inserted “or any youth community order”.

  91      (1)      Section 82A (determination of tariffs) is amended as follows.

          (2)      In subsection (1), for the words from “where” onwards there is substituted

“where the sentence is not fixed by law”.

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          (3)                        In subsection (3)—

              (a)             in paragraph (b), for “section 87” there is substituted “section 231 of

the Criminal Justice Act 2003”, and

 

 

Criminal Justice Bill
Schedule 26 — Amendments relating to sentencing
Part 1 — General

    317

 

              (b)             in paragraph (c), for “sections 33(2) and 35(1) of the Criminal Justice

Act 1991” there is substituted “section 235(1) of the Criminal Justice

Act 2003”.

          (4)               In subsection (4)—

              (a)             after “If” there is inserted “the offender was aged 21 or over when he

5

committed the offence and”, and

              (b)             the words “subject to subsection (5) below” are omitted.

          (5)      Subsections (5) and (6) are omitted.

  92      (1)      Section 91 (offenders under 18 convicted of certain serious offences) is

amended as follows.

10

          (2)      In subsection (3), for “none of the other methods in which the case may

legally be dealt with” there is substituted “neither a community sentence nor

a detention and training order”.

          (3)      In subsection (4), for “section 79 and 80 above” there is substituted “section

144 and 145 of the Criminal Justice Act 2003”.

15

  93      (1)      Section 100 (detention and training orders) is amended as follows.

          (2)      In subsection (1)—

              (a)             for the words from the beginning to “subsection (2)” there is

substituted “Subject to sections 90 and 91 above, sections 217 and 219

of the Criminal Justice Act 2003, and subsection (2)”, and

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              (b)             for paragraph (b) there is substituted—

                           “(b)                             that subsection (2) of section 144 of the Criminal

Justice Act 2003 applies or the case falls within

subsection (3) of that section,”.

          (3)      Subsection (4) is omitted.

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  94       In section 110 (required custodial sentence for third class A drug trafficking

offence), subsection (3) is omitted.

  95       In section 111 (minimum of three years for third domestic burglary)

subsection (3) is omitted.

  96       Sections 116 and 117 (return to prison etc. where offence committed during

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original sentence) shall cease to have effect.

  97       In section 130 (compensation orders against convicted persons), in

subsection (2), for “109(2), 110(2) or 111(2) above,” there is substituted

“110(2) or 111(2) above, section 51A(2) of the Firearms Act 1968 or section

216, 217, 218 or 219 of the Criminal Justice Act 2003,”.

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  98       In section 136 (power to order statement as to financial circumstances of

parent or guardian) in subsection (2), for “section 126 above” there is

substituted “section 155 of the Criminal Justice Act 2003”.

  99      (1)      Section 138 (fixing of fine or compensation to be paid by parent or guardian)

is amended as follows.

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          (2)      In subsection (1)(a), for “section 128 above” there is substituted “section 157

of the Criminal Justice Act 2003”.

          (3)      In subsection (2), for “sections 128(1) (duty to inquire into financial

circumstances) and” there is substituted “section 157(1) of the Criminal

Justice Act 2003 and section”.

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Criminal Justice Bill
Schedule 26 — Amendments relating to sentencing
Part 1 — General

    318

 

          (4)      In subsection (4)—

              (a)             for “section 129 above” there is substituted “section 158 of the

Criminal Justice Act 2003”,

              (b)             for “section 129(1)” there is substituted “section 158(1)”, and

              (c)             for “section 129(2)” there is substituted “section 158(2)”.

5

  100      In section 146 (driving disqualification for any offence), in subsection (2), for

“109(2), 110(2) or 111(2) above” there is substituted “110(2) or 111(2) above,

section 51A(2) of the Firearms Act 1968 or section 216, 217, 218 or 219 of the

Criminal Justice Act 2003”.

  101      In section 154 (commencement of Crown Court sentence), in subsection (2),

10

for “section 84 above” there is substituted “section 250 of the Criminal Justice

Act 2003”.

  102      In section 159 (execution of process between England and Wales and

Scotland), for “10(7) or 24(1)” there is substituted “10(6) or 18(1)”.

  103     (1)      Section 163 (interpretation) is amended as follows.

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          (2)      In the definition of “attendance centre” for “section 62(2) above” there is

substituted “section 212(2) of the Criminal Justice Act 2003”.

          (3)               In the definition of “attendance centre order” for the words from “by virtue

of” to “Schedule 3” there is substituted “by virtue of paragraph 4(2)(b) or

5(2)(b) of Schedule 3”.

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          (4)      In the definition of “community order”, for “section 33(1) above” there is

substituted “section 170(1) of the Criminal Justice Act 2003”.

          (5)      For the definition of “curfew order” there is substituted—

                                “curfew order” means an order under section 37(1) above (and, except

where the contrary intention is shown by paragraph 7 of Schedule

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3 or paragraph 3 of Schedule 7 or 8, includes orders made under

section 37(1) by virtue of paragraph 4(2)(a) or 5(2)(a) of Schedule 3

or paragraph 2(2)(a) of Schedule 7 or 8).”.

          (6)      In the definition of “operational period”, for “section 118(3) above” there is

substituted “section 181(1)(b)(ii) of the Criminal Justice Act 2003”.

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          (7)      In the definition of “suspended sentence”, for “section 118(3) above” there is

substituted “section 181(7) of the Criminal Justice Act 2003”.

          (8)      At the end there is inserted—

               ““youth community order” has the meaning given by section 33(1)

above.”.

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  104      In section 164 (further interpretative provision) for subsection (3) there is

substituted—

              “(3)                References in this Act to a sentence falling to be imposed—

                    (a)                   under section 110(2) or 111(2) above,

                    (b)                   under section 51A(2) of the Firearms Act 1968, or

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                    (c)                   under any of sections 216 to 219 of the Criminal Justice Act

2003,

                              are to be read in accordance with section 283(4) of the Criminal

Justice Act 2003.”

  105      For Schedule 3 (breach revocation and amendment of certain community

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Criminal Justice Bill
Schedule 26 — Amendments relating to sentencing
Part 1 — General

    319

 

orders) there is substituted—

“Schedule 3

Breach, revocation and amendment of curfew orders and exclusion

orders

Part 1

5

Preliminary

Definitions

          1                 In this Schedule—

                                     “the petty sessions area concerned” means—

                             (a)                            in relation to a curfew order, the petty sessions area

10

in which the place for the time being specified in

the order is situated; and

                             (b)                            in relation to an exclusion order, the petty sessions

area for the time being specified in the order;

                                     “relevant order” means a curfew order or an exclusion order.

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Orders made on appeal

          2                 Where a relevant order has been made on appeal, for the purposes

of this Schedule it shall be deemed—

                      (a)                     if it was made on an appeal brought from a magistrates’

court, to have been made by a magistrates’ court;

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                      (b)                     if it was made on an appeal brought from the Crown Court

or from the criminal division of the Court of Appeal, to

have been made by the Crown Court.

Part 2

Breach of requirement of order

25

Issue of summons or warrant

          3                (1)               If at any time while a relevant order is in force in respect of an

offender it appears on information to a justice of the peace acting

for the petty sessions area concerned that the offender has failed to

comply with any of the requirements of the order, the justice

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may—

                      (a)                     issue a summons requiring the offender to appear at the

place and time specified in it; or

                      (b)                     if the information is in writing and on oath, issue a warrant

for his arrest.

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                           (2)               Any summons or warrant issued under this paragraph shall direct

the offender to appear or be brought—

                      (a)                     in the case of any relevant order which was made by the

Crown Court and included a direction that any failure to

comply with any of the requirements of the order be dealt

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with by the Crown Court, before the Crown Court; and

 

 

Criminal Justice Bill
Schedule 26 — Amendments relating to sentencing
Part 1 — General

    320

 

                      (b)                     in the case of a relevant order which is not an order to

which paragraph (a) above applies, before a magistrates’

court acting for the petty sessions area concerned.

                           (3)               Where a summons issued under sub-paragraph (1)(a) above

requires an offender to appear before the Crown Court and the

5

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

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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.

Powers of magistrates’ court

          4                (1)               This paragraph applies if it is proved to the satisfaction of a

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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.

                           (2)               The magistrates’ court may deal with the offender in respect of the

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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 7 below);

                      (b)                     by making an attendance centre order in respect of him

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(subject to paragraph 8 below); or

                      (c)                     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 he could

have been dealt with for that offence by the court which

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made the order if the order had not been made.

                           (3)               In dealing with an offender under sub-paragraph (2)(c) above, a

magistrates’ court—

                      (a)                     shall take into account the extent to which the offender has

complied with the requirements of the relevant order; and

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                      (b)                     in the case of an offender who has wilfully and persistently

failed to comply with those requirements, may impose a

custodial sentence (where the relevant order was made in

respect of an offence punishable with such a sentence)

notwithstanding anything in section 144(2) of the Criminal

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Justice Act 2003.

                           (4)               Where a magistrates’ court deals with an offender under sub-

paragraph (2)(c) above, it shall revoke the relevant order if it is still

in force.

                           (5)               Where a relevant order was made by the Crown Court and a

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magistrates’ court has power to deal with the offender under sub-

paragraph (2)(a) or (b) above, it may instead commit him to

custody or release him on bail until he can be brought or appear

before the Crown Court.

 

 

Criminal Justice Bill
Schedule 26 — Amendments relating to sentencing
Part 1 — General

    321

 

                           (6)               A magistrates’ court which deals with an offender’s case under

sub-paragraph (5) above shall send to the Crown Court—

                      (a)                     a certificate signed by a justice of the peace certifying that

the offender has failed to comply with the requirements of

the relevant order in the respect specified in the certificate;

5

and

                      (b)                     such other particulars of the case as may be desirable;

                                             and a certificate purporting to be so signed shall be admissible as

evidence of the failure before the Crown Court.

                           (7)               A person sentenced under sub-paragraph (2)(c) above for an

10

offence may appeal to the Crown Court against the sentence.

Powers of Crown Court

          5                (1)               This paragraph applies where under paragraph 3 or by virtue of

paragraph 4(5) above an offender is brought or appears before the

Crown Court and it is proved to the satisfaction of that court that

15

he has failed without reasonable excuse to comply with any of the

requirements of the relevant order.

                           (2)               The Crown Court may deal with the offender 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)—

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                      (a)                     by making a curfew order in respect of him (subject to

paragraph 7 below);

                      (b)                     by making an attendance centre order in respect of him

(subject to paragraph 8 below); or

                      (c)                     by dealing with him, for the offence in respect of which the

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order was made, in any way in which he could have been

dealt with for that offence by the court which made the

order if the order had not been made.

                           (3)               In dealing with an offender under sub-paragraph (2)(c) above, the

Crown Court—

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                      (a)                     shall take into account the extent to which the offender has

complied with the requirements of the relevant order; and

                      (b)                     in the case of an offender who has wilfully and persistently

failed to comply with those requirements, may impose a

custodial sentence (where the relevant order was made in

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respect of an offence punishable with such a sentence)

notwithstanding anything in section 144(2) of the Criminal

Justice Act 2003.

                           (4)               Where the Crown Court deals with an offender under sub-

paragraph (2)(c) above, it shall revoke the relevant order if it is still

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in force.

                           (5)               In proceedings before the Crown Court under this paragraph any

question whether the offender has failed to comply with the

requirements of the relevant order shall be determined by the

court and not by the verdict of a jury.

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