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Criminal Justice Bill


Criminal Justice Bill
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing

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     (5)    In this section “mentally disordered”, in relation to any person, means

suffering from a mental disorder within the meaning of the Mental Health Act

1983 (c. 20).

     (6)    In this section “medical report” means a report as to an offender’s mental

condition made or submitted orally or in writing by a registered medical

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practitioner who is approved for the purposes of section 12 of the Mental

Health Act 1983 by the Secretary of State as having special experience in the

diagnosis or treatment of mental disorder.

     (7)    Nothing in this section is to be taken to limit the generality of section 149.

 151   Meaning of “pre-sentence report”

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     (1)    In this Part “pre-sentence report” means a report which—

           (a)           with a view to assisting the court in determining the most suitable

method of dealing with an offender, is made or submitted by an

appropriate officer, and

           (b)           contains information as to such matters, presented in such manner, as

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may be prescribed by rules made by the Secretary of State.

     (2)    In subsection (1) “an appropriate officer” means—

           (a)           where the offender is aged 18 or over, an officer of a local probation

board, and

           (b)           where the offender is aged under 18, an officer of a local probation

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board, a social worker of a local authority social services department or

a member of a youth offending team.

Disclosure of pre-sentence reports etc

 152   Disclosure of pre-sentence reports

     (1)    This section applies where the court obtains a pre-sentence report, other than

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a report given orally in open court.

     (2)    Subject to subsections (3) and (4), the court must give a copy of the report—

           (a)           to the offender, his counsel or solicitor, and

           (b)           to the prosecutor, that is to say, the person having the conduct of the

proceedings in respect of the offence.

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     (3)    If the offender is aged under 17 and is not represented by counsel or a solicitor,

a copy of the report need not be given to him but must be given to his parent

or guardian if present in court.

     (4)    If the prosecutor is not of a description prescribed by order made by the

Secretary of State, a copy of the report need not be given to the prosecutor if the

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court considers that it would be inappropriate for him to be given it.

     (5)    No information obtained by virtue of subsection (2)(b) may be used or

disclosed otherwise than for the purpose of—

           (a)           determining whether representations as to matters contained in the

report need to be made to the court, or

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           (b)           making such representations to the court.

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing

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 153   Other reports of local probation boards and members of youth offending

teams

     (1)    This section applies where—

           (a)           a report by an officer of a local probation board or a member of a youth

offending team is made to any court (other than a youth court) with a

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view to assisting the court in determining the most suitable method of

dealing with any person in respect of an offence, and

           (b)           the report is not a pre-sentence report.

     (2)    Subject to subsection (3), the court must give a copy of the report to the

offender or his counsel or solicitor.

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     (3)    If the offender is aged under 17 and is not represented by counsel or a solicitor,

a copy of the report need not be given to him but must be given to his parent

or guardian if present in court.

Pre-sentence drug testing

 154   Pre-sentence drug testing

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     (1)    Where a person aged 14 or over is convicted of an offence and the court is

considering passing a community sentence, it may make an order under

subsection (2) for the purpose of ascertaining whether the offender has any

specified Class A drug in his body.

     (2)    The order requires the offender to provide, in accordance with the order,

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samples of any description specified in the order.

     (3)    Where the offender has not attained the age of 17, the order must provide for

the samples to be provided in the presence of an appropriate adult.

     (4)    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

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of an amount not exceeding level 4.

     (5)    In subsection (4) “level 4” means the amount which, in relation to a fine for a

summary offence, is level 4 on the standard scale.

     (6)    The court may not make an order under subsection (2) unless it has been

notified by the Secretary of State that the power to make such orders is

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exercisable by the court and the notice has not been withdrawn.

     (7)    The Secretary of State may by order amend subsection (1) by substituting for

the age for the time being specified there a different age specified in the order.

     (8)    In this section—

                    “appropriate adult”, in relation to a person under the age of 17, means—

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                  (a)                 his parent or guardian or, if he is in the care of a local authority

or voluntary organisation, a person representing that authority

or organisation,

                  (b)                 a social worker of a local authority social services department,

or

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                  (c)                 if no person falling within paragraph (a) or (b) is available, any

responsible person aged 18 or over who is not a police officer or

a person employed by the police.

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing

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                    “specified Class A drug” has the same meaning as in Part 3 of the Criminal

Justice and Court Services Act 2000 (c. 43).

Fines

 155   Powers to order statement as to offender’s financial circumstances

     (1)    Where an individual has been convicted of an offence, the court may, before

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sentencing him, make a financial circumstances order with respect to him.

     (2)    Where a magistrates’ court has been notified in accordance with section 12(4)

of the Magistrates’ Courts Act 1980 (c. 43) that an individual desires to plead

guilty without appearing before the court, the court may make a financial

circumstances order with respect to him.

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     (3)    In this section “a financial circumstances order” means, in relation to any

individual, an order requiring him to give to the court, within such period as

may be specified in the order, such a statement of his financial circumstances

as the court may require.

     (4)    An individual who without reasonable excuse fails to comply with a financial

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circumstances order is liable on summary conviction to a fine not exceeding

level 3 on the standard scale.

     (5)    If an individual, in furnishing any statement in pursuance of a financial

circumstances order—

           (a)           makes a statement which he knows to be false in a material particular,

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           (b)           recklessly furnishes a statement which is false in a material particular,

or

           (c)           knowingly fails to disclose any material fact,

                   he is liable on summary conviction to imprisonment for a term not exceeding

51 weeks or a fine not exceeding level 4 on the standard scale or both.

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     (6)    Proceedings in respect of an offence under subsection (5) may,

notwithstanding anything in section 127(1) of the Magistrates’ Courts Act 1980

(limitation of time), be commenced at any time within two years from the date

of the commission of the offence or within six months from its first discovery

by the prosecutor, whichever period expires the earlier.

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 156   General power of Crown Court to fine offender convicted on indictment

Where a person is convicted on indictment of any offence, other than an offence

for which the sentence is fixed by law or falls to be imposed under section

110(2) or 111(2) of the Sentencing Act or under any of sections 216 to 219 of this

Act, the court, if not precluded from sentencing an offender by its exercise of

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some other power, may impose a fine instead of or in addition to dealing with

him in any other way in which the court has power to deal with him, subject

however to any enactment requiring the offender to be dealt with in a

particular way.

 157   Fixing of fines

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     (1)    Before fixing the amount of any fine to be imposed on an offender who is an

individual, a court must inquire into his financial circumstances.

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing

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     (2)    The amount of any fine fixed by a court must be such as, in the opinion of the

court, reflects the seriousness of the offence.

     (3)    In fixing the amount of any fine to be imposed on an offender (whether an

individual or other person), a court must take into account the circumstances

of the case including, among other things, the financial circumstances of the

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offender so far as they are known, or appear, to the court.

     (4)    Subsection (3) applies whether taking into account the financial circumstances

of the offender has the effect of increasing or reducing the amount of the fine.

     (5)    Where—

           (a)           an offender has been convicted in his absence in pursuance of section

10

11 or 12 of the Magistrates’ Courts Act 1980 (c. 43) (non-appearance of

accused), or

           (b)           an offender—

                  (i)                 has failed to furnish a statement of his financial circumstances

in response to a request which is an official request for the

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purposes of section 20A of the Criminal Justice Act 1991 (c.53)

(offence of making false statement as to financial

circumstances),

                  (ii)                has failed to comply with an order under section 155(1), or

                  (iii)               has otherwise failed to co-operate with the court in its inquiry

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into his financial circumstances,

            and the court considers that it has insufficient information to make a proper

determination of the financial circumstances of the offender, it may make such

determination as it thinks fit.

 158   Remission of fines

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     (1)    This section applies where a court has, in fixing the amount of a fine,

determined the offender’s financial circumstances under section 157(5).

     (2)    If, on subsequently inquiring into the offender’s financial circumstances, the

court is satisfied that had it had the results of that inquiry when sentencing the

offender it would—

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           (a)           have fixed a smaller amount, or

           (b)           not have fined him,

            it may remit the whole or part of the fine.

     (3)    Where under this section the court remits the whole or part of a fine after a term

of imprisonment has been fixed under section 139 of the Sentencing Act

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(powers of Crown Court in relation to fines) or section 82(5) of the Magistrates’

Courts Act 1980 (magistrates’ powers in relation to default) it must reduce the

term by the corresponding proportion.

     (4)    In calculating any reduction required by subsection (3), any fraction of a day is

to be ignored.

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Savings for power to mitigate etc

 159   Savings for powers to mitigate sentences and deal appropriately with

mentally disordered offenders

     (1)    Nothing in—

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing

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           (a)           section 140 (imposing community sentences),

           (b)           sections 144, 145 or 150 (imposing custodial sentences),

           (c)           section 149 (pre-sentence reports and other requirements),

           (d)           section 157 (fixing of fines),

            prevents a court from mitigating an offender’s sentence by taking into account

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any such matters as, in the opinion of the court, are relevant in mitigation of

sentence.

     (2)    Section 144(2) does not prevent a court, after taking into account such matters,

from passing a community sentence even though it is of the opinion that the

offence, or the combination of the offence and one or more offences associated

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with it, was so serious that a community sentence could not normally be

justified for the offence.

     (3)    Nothing in the sections mentioned in subsection (1)(a) to (d) prevents a court—

           (a)           from mitigating any penalty included in an offender’s sentence by

taking into account any other penalty included in that sentence, and

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           (b)           in the case of an offender who is convicted of one or more other

offences, from mitigating his sentence by applying any rule of law as to

the totality of sentences.

     (4)    Subsections (2) and (3) are without prejudice to the generality of subsection (1).

     (5)    Nothing in the sections mentioned in subsection (1)(a) to (d) is to be taken—

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           (a)           as requiring a court to pass a custodial sentence, or any particular

custodial sentence, on a mentally disordered offender, or

           (b)           as restricting any power (whether under the Mental Health Act 1983

(c. 20) or otherwise) which enables a court to deal with an offender in

the manner it considers to be most appropriate in all the circumstances.

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     (6)    In subsection (5) “mentally disordered”, in relation to a person, means

suffering from a mental disorder within the meaning of the Mental Health Act

1983.

Sentencing and allocation guidelines

 160   The Sentencing Guidelines Council

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     (1)    There shall be a Sentencing Guidelines Council (in this Chapter referred to as

the Council) consisting of—

           (a)           (a)              the Lord Chief Justice, who is to be chairman of the Council,

           (b)           (b)              seven members (in this section and section 161 referred to as

“judicial members”) appointed by the Lord Chancellor after

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consultation with the Secretary of State and the Lord Chief Justice, and

           (c)           (c)              five members (in this section and section 161 referred to as “non-

judicial members”) appointed by the Secretary of State after

consultation with the Lord Chancellor and the Lord Chief Justice.

     (2)    A person is eligible to be appointed as a judicial member if he is—

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           (a)           a Lord Justice of Appeal,

           (b)           a judge of the High Court,

           (c)           a Circuit judge,

           (d)           a District Judge (Magistrates’ Courts), or

           (e)           a lay justice.

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Criminal Justice Bill
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing

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     (3)    The judicial members must include a Circuit judge, a District Judge

(Magistrates’ Courts) and a lay justice.

     (4)    A person is eligible for appointment as a non-judicial member if he appears to

the Secretary of State to have experience in one or more of the following

areas—

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           (a)           policing,

           (b)           criminal prosecution,

           (c)           criminal defence,

           (d)           the promotion of the welfare of victims of crime, and

           (e)           sentencing policy and the administration of sentences.

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     (5)    The persons eligible for appointment as non-judicial members include civil

servants appearing to the Secretary of State to have the required experience.

     (6)    The non-judicial members must include at least one person appearing to the

Secretary of State to have experience in each area.

     (7)    The Lord Chief Justice must appoint one of the judicial members or non-

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judicial members to be deputy chairman of the Council.

     (8)    In relation to any meeting of the Council from which the Lord Chief Justice is

to be absent, he may nominate any person eligible for appointment as a judicial

member to act as a member on his behalf at the meeting.

     (9)           In this section and section 161 “lay justice” means a justice of the peace who is

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not a District Judge (Magistrates’ Courts).

 161   Sentencing Guidelines Council: supplementary provisions

     (1)    In relation to the Council, the Lord Chancellor may by order make provision—

           (a)           as to the term of office, resignation and re-appointment of judicial

members and non-judicial members,

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           (b)           enabling the appropriate Minister to remove a judicial member or non-

judicial member from office on grounds of incapacity or misbehaviour,

and

           (c)            as to the proceedings of the Council.

     (2)    In subsection (1)(b) “the appropriate Minister” means—

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           (a)           in relation to a judicial member, the Lord Chancellor, and

           (b)           in relation to a non-judicial member, the Secretary of State.

     (3)    The validity of anything done by the Council is not affected by any vacancy

among its members, by any defect in the appointment of a member or by any

failure to comply with section 160(3), (6) or (7).

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     (4)    The Lord Chancellor may pay—

           (a)           to any judicial member who is appointed by virtue of being a lay justice,

such remuneration or expenses as he may determine, and

           (b)           to any other judicial member or the Lord Chief Justice, such expenses

as he may determine.

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     (5)    The Secretary of State may pay to any non-judicial member such remuneration

or expenses as he may determine.

 

 

 
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