Criminal Justice Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Clause 181

 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

179ZBPage 107, line 39, at end insert—
"(8)  A suspended sentence of imprisonment should be imposed only when the court is clear that a full custodial sentence would be justified."
 

Clause 182

 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

179APage 108, line 28, leave out "may" and insert "must"
 

THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD

179AAPage 108, line 32, at end insert—
"(6)  Where the court makes a suspended sentence order subject to a requirement the court must give reasons why the requirement is considered appropriate and necessary."
 

After Clause 185

 

THE BARONESS SCOTLAND OF ASTHAL

179AAA*Insert the following new Clause—
  "
  Schedule (Transfer of suspended sentence orders to Scotland or Northern Ireland) shall have effect."
 

Schedule 10

 

THE BARONESS SCOTLAND OF ASTHAL

179ABPage 241, line 21, at end insert—
 

"Orders made on appeal

    2A   Where a suspended sentence order is made on appeal it is to be taken for the purposes of this Schedule to have been made by the Crown Court."
179ACPage 242, line 1, leave out "made by the Crown Court" and insert "which is made by the Crown Court and does not include a direction that any failure to comply with the community requirements of the order is to be dealt with by a magistrates' court"
179ADPage 242, line 15, leave out "made by the Crown Court" and insert "which is made by the Crown Court and does not include a direction that any failure to comply with the community requirements of the order is to be dealt with by a magistrates' court"
179AEPage 242, line 18, at end insert—
"(   )      This paragraph applies to—
(a)  a suspended sentence order made by a magistrates' court, or
(b)  any suspended sentence order which was made by the Crown Court and includes a direction that any failure to comply with the community requirements of the order is to be dealt with by a magistrates' court."
179AFPage 242, line 19, leave out from "order" to "it" in line 20 and insert "to which this paragraph applies is in force"
179AGPage 242, line 38, at end insert—
"(   )      This paragraph applies to a suspended sentence order made by the Crown Court which does not include a direction that any failure to comply with the community requirements of the order is to be dealt with by a magistrates' court."
179AHPage 242, line 39, leave out from "order" to "it" in line 40 and insert "to which this paragraph applies is in force"
179AJPage 243, line 13, leave out "184(5)" and insert "184(6)"
179AKPage 243, line 37, leave out paragraphs (ii) and (iii) and insert—
"(ii)  subject to subsections (3) and (4) of section 181, extending the supervision period, or
(iii)  subject to subsection (3) of that section, extending the operational period."
179ALPage 244, line 4, at end insert—
"(6)      Where a suspended sentence order was made by the Crown Court and a magistrates' court would (apart from this sub-paragraph) be required to deal with the offender under sub-paragraph (2)(a), (b) or (c) it may instead commit him to custody or release him on bail until he can be brought or appear before the Crown Court.
(7)      A magistrates' court which deals with an offender's case under sub-paragraph (6) must 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 community order in the respect specified in the certificate, and
(b)  such other particulars of the case as may be desirable;
  and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court."
179AMPage 244, line 4, at end insert—
"(8)      In proceedings before the Crown Court under this paragraph any question whether the offender has failed to comply with the requirements of the suspended sentence order and any question whether the offender has been convicted of an offence committed during the operational period of the suspended sentence is to be determined by the court and not by the verdict of a jury."
179ANPage 244, line 15, leave out sub-paragraph (3)
179APPage 244, line 35, at end insert—
"(2)      A court may not under paragraph 7(2)(c)(i) amend a mental health treatment requirement, a drug rehabilitation requirement or an alcohol treatment requirement unless the offender expresses his willingness to comply with the requirement as amended."
179AQPage 245, line 3, leave out sub-paragraph (3)
179ARPage 245, line 37, leave out sub-paragraph (6)
179ASPage 246, line 6, leave out sub-paragraph (3)
179ATPage 246, line 11, leave out "made by the Crown Court" and insert "which was made by the Crown Court and does not include any direction that any failure to comply with the community requirements of the order is to be dealt with by a magistrates' court"
179AUPage 248, line 13, leave out from "to" to "that" in line 14 and insert "the appropriate court"
179AVPage 248, line 17, at end insert—
"(2)      In this paragraph "the appropriate court" has the same meaning as in paragraph 12."
179AWPage 248, line 21, at end insert—
"(2)      Sub-paragraph (1) does not apply to an application under paragraph 14 which—
(a)  relates to a mental health treatment requirement, a drug rehabilitation requirement or an alcohol treatment requirement, and
(b)  is made by the responsible officer with the consent of the offender."
 

After Schedule 10

 

THE BARONESS SCOTLAND OF ASTHAL

179AX*Insert the following new Schedule—
 

"TRANSFER OF SUSPENDED SENTENCE ORDERS TO SCOTLAND OR NORTHERN IRELAND
PART 1
SCOTLAND

 1   (1)   Where the court considering the making of a suspended sentence order is satisfied that the offender resides in Scotland, or will reside there when the order comes into force, the court may not make a suspended sentence order in respect of the offender unless it appears to the court—
(a)  in the case of an order imposing a requirement mentioned in sub-paragraph (2), that arrangements exist for persons to comply with such a requirement in the locality in Scotland in which the offender resides, or will be residing when the order comes into force, and that provision can be made for him to comply with the requirement under those arrangements, and
(b)  in any case, that suitable arrangements for his supervision can be made by the local authority in whose area he resides, or will be residing when the order comes into force.
(2)      The requirements referred to in sub-paragraph (1)(a) are—
(a)  an unpaid work requirement,
(b)  an activity requirement,
(c)  a programme requirement,
(d)  a mental health treatment requirement,
(e)  a drug rehabilitation requirement,
(f)  an alcohol treatment requirement, and
(g)  an electronic monitoring requirement.
(3)      Where—
(a)  the appropriate court for the purposes of paragraph 13 of Schedule 10 (amendment by reason of change of residence) is satisfied that an offender in respect of whom a suspended sentence order is in force proposes to reside or is residing in Scotland, and
(b)  it appears to the court that the conditions in sub-paragraph (1)(a) and (b) are satisfied,
  the power of the court to amend the order under Part 3 of Schedule 10 includes power to amend it by requiring it to be complied with in Scotland and the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(b).
(4)      For the purposes of sub-paragraph (3), any reference in sub-paragraph (1)(a) and (b) to the time when the order comes into force is to be treated as a reference to the time when the amendment comes into force.
(5)      The court may not by virtue of sub-paragraph (1) or (3) require an attendance centre requirement to be complied with in Scotland.
(6)      The court may not provide for an order made in accordance with this paragraph to be subject to review under section 183 or 201; and where an order which is subject to review under either of those sections is amended in accordance with this paragraph, the order shall cease to be so subject.
 2      A suspended sentence order made or amended in accordance with paragraph 1 must—
(a)  specify the local authority area in which the offender resides or will be residing when the order or amendment comes into force, and
(b)  require the local authority for that area to appoint or assign an officer who will be responsible for discharging in relation to him the functions conferred on responsible officers by Part 12 of this Act;
  and section 207 (petty sessions area to be specified) does not apply in relation to an order so made or amended.
 3   (1)   Where a court makes or amends a suspended sentence order in accordance with paragraph 1, the court must provide the relevant documents to—
(a)  the local authority for the area specified in the order, and
(b)  the sheriff court having jurisdiction in the locality in which the offender resides or proposes to reside;
  and paragraphs (b) to (d) of subsection (1) of section 210 (provision of copies of relevant orders) do not apply in relation to an order so made or amended.
(2)      In this paragraph, "the relevant documents" means—
(a)  a copy of the order as made or amended, and
(b)  such other documents and information relating to the case as the court making or amending the order considers likely to be of assistance.
 4   (1)   In relation to the making or amendment of a suspended sentence order in accordance with paragraph 1, and (except for the purposes of paragraph 20) in relation to an order so made or amended, Chapter 4 of Part 12 of this Act has effect subject to the following modifications.
(2)      Any reference to the responsible officer has effect as a reference to the officer appointed or assigned under paragraph 2(b).
(3)      The following provisions are omitted—
(a)  subsection (7) of section 192 (activity requirement),
(b)  subsection (7) of section 193 (programme requirement),
(c)  subsection (4) of section 197 (residence requirement),
(d)  subsection (4) of section 209 (availability of arrangements in local area).
(4)      In section 198 (mental health treatment requirement), for subsection (2)(a) there is substituted—
    "(a)  treatment as a resident patient in a hospital within the meaning of the Mental Health (Care and Treatment) (Scotland) Act 2003, not being a state hospital within the meaning of that Act;".
(5)      In section 206 (electronic monitoring requirement), in subsection (3), the words from "and" onwards are omitted.
 5      In this Part of this Schedule "local authority" means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39) and any reference to the area of such an authority is a reference to the local government area within the meaning of that Act.
 

PART 2
NORTHERN IRELAND

 6   (1)   Where the court considering the making of a suspended sentence order is satisfied that the offender resides in Northern Ireland, or will reside there when the order comes into force, the court may not make a suspended sentence order in respect of the offender unless it appears to the court—
(a)  in the case of an order imposing a requirement mentioned in sub-paragraph (2), that arrangements exist for persons to comply with such a requirement in the petty sessions district in Northern Ireland in which the offender resides, or will be residing when the order comes into force, and that provision can be made for him to comply with the requirement under those arrangements, and
(b)  in any case, that suitable arrangements for his supervision can be made by the Probation Board for Northern Ireland.
(2)      The requirements referred to in sub-paragraph (1)(a) are—
(a)  an unpaid work requirement,
(b)  an activity requirement,
(c)  a programme requirement,
(d)  a mental health treatment requirement,
(e)  a drug rehabilitation requirement,
(f)  an alcohol treatment requirement,
(g)  an attendance centre requirement, and
(h)  an electronic monitoring requirement.
(3)      Where—
(a)  the appropriate court for the purposes of paragraph 13 of Schedule 10 (amendment by reason of change of residence) is satisfied that an offender in respect of whom a suspended sentence order is in force proposes to reside or is residing in Northern Ireland, and
(b)  it appears to the court that the conditions in sub-paragraphs (1)(a) and (b) are satisfied,
  the power of the court to amend the order under Part 3 of Schedule 10 includes power to amend it by requiring it to be complied with in Northern Ireland and the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(b).
(4)      For the purposes of sub-paragraph (3), any reference in sub-paragraph (1)(a) and (b) to the time when the order comes into force is to be treated as a reference to the time when the amendment comes into force.
(5)      The court may not provide for an order made in accordance with this paragraph to be subject to review under section 183 or 201; and where an order which is subject to review under either of those sections is amended in accordance with this paragraph, the order shall cease to be so subject.
 7      A suspended sentence order made or amended in accordance with paragraph 6 must—
(a)  specify the petty sessions district in Northern Ireland in which the offender resides or will be residing when the order or amendment comes into force, and
(b)  require the Probation Board for Northern Ireland to appoint or assign a probation officer who will be responsible for discharging in relation to him the functions conferred on responsible officers by Part 12 of this Act;
  and section 207 (petty sessions area to be specified) does not apply in relation to an order so made or amended.
 8   (1)   Where a court makes or amends a suspended sentence order in accordance with paragraph 6, the court must provide the relevant documents to—
(a)  the Probation Board for Northern Ireland, and
(b)  the court of summary jurisdiction acting for the petty sessions district in which the offender resides or proposes to reside;
  and paragraphs (b) to (d) of subsection (1) of section 210 (provision of copies of relevant orders) do not apply in relation to an order so made or amended.
(2)      In this paragraph, "the relevant documents" means—
(a)  a copy of the order as made or amended, and
(b)  such other documents and information relating to the case as the court making or amending the order considers likely to be of assistance.
 9   (1)   In relation to the making or amendment of a suspended sentence order in accordance with paragraph 6, and (except for the purposes of paragraph 20) in relation to an order so made or amended, Chapter 4 of Part 12 of this Act has effect subject to the following modifications.
(2)      Any reference to the responsible officer has effect as a reference to the probation officer appointed or assigned under paragraph 7(b).
(3)      The following provisions are omitted—
(a)  subsection (7) of section 192 (activity requirement),
(b)  subsection (7) of section 193 (programme requirement),
(c)  subsection (4) of section 197 (residence requirement),
(d)  subsection (4) of section 209 (availability of arrangements in local area).
(4)      In section 198 (mental health treatment requirement), for subsection (2)(a) there is substituted—
    "(a)  treatment (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health, Social Services and Public Safety for the purposes of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));".
(5)      In section 205 (attendance centre requirement), any reference to an attendance centre has effect as a reference to a day centre, as defined by paragraph 3(6) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24).
(6)      In section 206 (electronic monitoring requirement), in subsection (3), the words from "and" onwards are omitted.

 
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7 October 2003