House of Lords - Explanatory Note
Criminal Justice Bill - continued          House of Lords

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Part 1: PACE

773.     Extension of powers to stop and search (clause 1) will prevent criminal damage. The value of the damage prevented is estimated at £8.7 million from the financial year 2004-2005 and annually thereafter.

774.     Bail elsewhere than at a police station (clause 3) will save police time. The savings are estimated at £3.8 million from the financial year 2004-2005 and annually thereafter.

775.     Use of telephones for review of police detention (clause 4) will save police time. The savings are estimated at £4.2 million from the financial year 2004-2005 and annually thereafter.

776.     Property of detained persons (clause 6) will save police time. The savings are estimated at £3.9 million from the financial year 2004-2005 and annually thereafter.

777.     The majority of the costs to be incurred as a result of the clause relating to taking fingerprints without consent (clause 7) will fall upon the police. Costs are estimated at £0.2 million, £0.3 million and £0.2 million for the financial years 2003-2004, 2004-2005 and 2005-2006 respectively. Costs are estimated to be in the order of £0.2 million annually thereafter.

778.     The majority of the costs to be incurred as a result of the clause relating to taking non-intimate samples without consent (clause 8) will fall upon the police. Costs are estimated at £2.8 million, £3.8 million and £2 million for the financial years 2003-2004, 2004-2005 and 2005-2006 respectively. Costs are estimated to be in the order of £2 million annually thereafter.

Part 2: Bail

779.     The costs to be incurred associated with prosecution appeals against bail decisions (clause 15) will relate to the increase in Crown Prosecution Service prosecutor time, training and administration. These costs are estimated at £0.1 million annually from the financial year 2003-2004. This will result in savings as a result of reduced offending whilst on bail and as a deterrent to those on bail of approximately 1,000 offences per year equating to non-realisable cost of crime savings in the order of £1.8 million.

780.     The majority of the costs likely to be incurred as a result of the provisions introducing a presumption against the grant of bail to defendants who have failed to surrender (Clause 13) or who were on bail at the time of the offence (clause 12) will fall upon the Prison Service. A study is planned to assess the likely effect on the prison population, on the basis of which decisions about implementation will be made.

781.     The majority of the costs likely to be incurred associated with the restriction on bail for drug users (clause 19) will fall upon the Prison Service. This provision will be piloted in localities before decisions are made to implement it nationwide. The cost is estimated at £0.6 million, £7.3 million and £27.6 million for the financial years 2003-2004, 2004-2005 and 2005-2006 respectively. But there will be savings as more offenders are diverted into drug treatment programmes reducing the likelihood of re-offending. Costs are estimated to be in the order of £27.6 million annually thereafter.

Part 3: Conditional Cautions

782.     The majority of the costs to be incurred will relate to the provision of training and the increase in Crown Prosecution Service prosecutor time associated with the introduction and operation of a formal system for conditional cautions. The costs are estimated at £0.2 million annually from the financial year 2004-2005. This Part of the Bill will result in modest savings as a result of the reduction in prosecutions.

Part 4: Charging

783.     The majority of the costs to be incurred will fall upon the Crown Prosecution Service. They will relate to the recruitment and training of additional staff, the payment of salaries and equipment costs. There will also be additional costs as a result of the time that lawyers will need to review early administrative hearing cases and to provide a presence at all major seaports and airports. The costs are estimated at £3.4 million, £17.3 million and £29 million for the financial years 2003-2004, 2004-2005 and 2005-2006 respectively. Costs are estimated to be in the order of £29 million annually thereafter. The preliminary evaluation of pilots has identified a clear raft of benefits that impact throughout the Criminal Justice System including a reduction in the number of offences discounted, increased number of early guilty pleas, a reduction in the number of ineffective and cracked trials, and an improvement in the conviction rate.

Part 5: Disclosure

784.     This Part of the Bill places an enhanced role on prosecutors in relation to disclosure. There will need to be closer collaboration between the Crown Prosecution Service and the police, and an earlier involvement of the Crown Prosecution Service in the disclosure process. The majority of the costs to be incurred will fall upon the Crown Prosecution Service. They will relate to the payment of salaries for additional staff and equipment costs. The costs are estimated at £1.5 million, £14.4 million and £12.4 million for the financial years 2003-2004, 2004-2005 and 2005-2006 respectively. Costs are estimated to be in the order of £12.4 million annually thereafter. Benefits will include a reduction in adjournments, an increase in guilty pleas, shorter more focussed trials and a reduction in acquittals over technicalities.

Part 9: Prosecution Appeals

785.     This Part of the Bill will generate an additional number of appeals. The majority of the costs to be incurred will fall upon the Crown Prosecution Service. They will relate to the provision of training, and expenditure associated with various appeals, retrials and legal aid. Costs are estimated at £0.2 million and £1.3 million for the financial years 2004-2005 and 2005-2006 respectively. Costs are estimated to be in the order of £1.3 million annually thereafter. Costs to the Lord Chancellor's Department relating to the provision of additional Appeal Court capacity are estimated at £0.7 million and £0.8 million for the financial years 2005-2006 and 2006-2007 respectively. Costs are estimated to be in the order of £0.8 million annually thereafter. Legal Aid costs are also estimated at £0.1 million annually from the financial year 2005-2006.

Part 10: Retrial for Serious Offences

786.     The majority of the costs to be incurred as a result of the retrial for serious offences will fall upon the Crown Prosecution Service, the Criminal Defence Service and the Prison Service. Costs are estimated at £0.7 million annually from the financial year 2005-2006.

Part 11: Evidence

787.     The majority of the costs to be incurred relating to evidence of bad character (clauses 90 to 106) will fall upon the Prison Service and Probation Service as a result of additional convictions. These costs are estimated at £2.4 million annually from the financial year 2005-2006.

788.     The clauses relating to testimony recorded on video (clauses 130 and 131) will enable the extension of visual recording to critical witnesses in serious crimes. The majority of the costs to be incurred will fall upon the Lord Chancellor's Department, the Crown Prosecution Service and the police. They will relate to the procurement of equipment; training of staff in the use of equipment and conduct of interviews; the making, editing, copying and storage of recordings; and the transcription of recordings. There will also be Crown Prosecution Service and Legal Aid costs associated with the additional court preparation time for lawyers. Costs are estimated at £18 million and £8.8 million in the financial years 2004-2005 and 2005-2006 respectively. Costs are estimated to be in the order of £8.8 million annually thereafter. This will improve the service to witnesses encouraging them to proceed to give their best evidence.

789.     There will be training related costs associated with this Part of the Bill for lay magistrates and the professional judiciary falling upon the Lord Chancellor's Department and the Judicial Studies Board. Costs are estimated at £1million and £9.6 million in the financial years 2003-2004 and 2004-2005 respectively.

Part 12: Sentencing

790.     The majority of the costs associated with the clauses regarding sentencing guidelines (clauses 160 to 166) relate to the establishment of the Sentencing Guidelines Council. They will relate to the payment of salaries; research publication costs; and other non-pay related running costs. Costs are estimated at £0.8 million in the financial year 2003-04 rising to £1.0 million annually from the financial year 2004-2005. The cost of continuing the Sentencing Advisory Panel which is a non-departmental public body will continue to fall upon the Home Office and Lord Chancellor's Department the latter in relation to remuneration costs.

791.     The majority of the costs associated with the other sentencing provisions with financial implications (i.e. Community orders, Prison sentences of less than twelve months; General limits on magistrates' court's power to impose imprisonment; Intermittent custody; Suspended sentences; Dangerous offenders; Release on licence; Recall after release; Drug testing and rehabilitation requirements) will fall upon the Prison Service, Probation Service, Youth Justice Board, Lord Chancellor's Department and Judicial Studies Board. The costs will be subject to final decisions about the timing of implementation. The provisions will be implemented as part of a strategy which will aim to ensure that custody is reserved for dangerous sexual and violent offenders and seriously persistent repeat offenders, and that the benefits of community supervision are made available for more offenders.

792.     In the case of the Prison Service costs will be needed for running pilots of intermittent custody in two sites from 2004-05; and for provision of additional resources for prison regimes to support the new sentences; ensuring that OASys (the Offender Assessment System) is applied to all prisoners serving twelve months or over the provision of additional treatment programmes for dangerous offenders on the new sentences; increased administrative costs for Home Detention Curfew and Parole Board oral hearings; and the provision of a modest increase in prison places. Costs are estimated at £8.6 million, £0.9 million, £1.1 million, £36.4 million, £42.7 million, £46.7 million for the financial years 2003-2004, 2004-2005, 2005-2006, 2006-2007, 2007-2008 and 2008-2009 respectively. Costs are expected to be in the order of £47 million annually thereafter. Annual costs to the Prison Service in relation to drug testing and rehabilitation are estimated at £15.1 million from the financial year 2004-2005.

793.     In the case of the Probation Service resources will be needed to deal with the additional caseload resulting from increasing the proportion of all sentences to be served under licence in the community. This will involve building probation capacity; recruiting staff and training them; accommodation; and hostel accommodation for offenders. Current estimates are that an additional £14 million, £78 million, £145 million, £176 million, £186 million and £194 million for the financial years 2003-2004, 2004-2005, 2005-2006, 2006-2007, 2007-2008 and 2008-2009 respectively. Costs are expected to be in the order of £194 million annually thereafter. There will be large potential benefits in terms of crimes prevented. Also in the case of the Probation Service costs will relate to the cost of drug testing and treatment. Costs are estimated at £1 million, £10 million and £20 million for the financial years 2003-2004, 2004-2005 and 2005-2006 respectively. Costs are estimated to be in the order of £20 million annually thereafter.

794.     In the case of the Youth Justice Board costs will relate to the cost of drug testing and treatment. Costs are estimated at £2million, £5 million and £10 million for the financial years 2003-2004, 2004-2005 and 2005-2006 respectively. Costs are estimated in the order of £10 million annually thereafter. In the case of the Youth Justice Board costs will also relate to the provision of additional resource for secure accommodation and longer periods of supervision to support the new sentences for dangerous juveniles estimated at £6.5 million and £1.4 million annually respectively from the financial year 2004-2005.

795.     As a result of the clauses relating to general limits on magistrates' courts power to impose imprisonment (clauses 146 to 148) costs to the Lord Chancellor's Department in relation to the training magistrates will require are estimated at £0.2 million and £3 million for the financial years 2003-2004 and 2004-2005 respectively. The benefits of this change will be that only the more serious cases will go to the Crown Court. This will reduce the number of cases going to the Crown Court and hence increase Crown Court capacity, so that it will be able to bring cases to justice in a timely and efficiently manner. The training will also cover a clearer tariff on sentence discounts for early guilty plea, and advance indication of sentence. These too will free up Crown Court capacity by providing an incentive for early guilty pleas, where appropriate. In the case of the Lord Chancellor's Department and the Judicial Studies Board costs will also relate to the provision of training for lay magistrates, and the professional judiciary and sentencers in the new sentencing framework. Costs are estimated at £0.3 million and £7.7 million in the financial years 2003-2004 and 2004-2005 respectively.

796.     The majority of the costs to be incurred as a result of the effect of life sentence clauses (clauses 254 to 262) will fall upon the Lord Chancellor's Department. The costs relate to the additional transitional costs associated with the conduct of reviews to provide Article 6 ECHR rights to existing prisoners with tariffs fixed by the Home Secretary and those convicted prisoners yet to have a minimum term fixed. Costs are estimated at £0.4 million, £0.8 million and £0.8 million for the financial years 2003-2004, 2004-2005 and 2005-2006 respectively. It is estimated that the impact on the Prison Service will not be felt for a decade.

797.     The majority of the costs to be incurred as a result of the increase in penalties for certain driving-related offences causing death (clause 270) will fall upon the Prison Service. Costs are estimated at £3.3 million for the financial years 2004-2005. Costs are estimated to be in the order of £3.3 million annually thereafter.

798.     The majority of the costs to be incurred as a result of the firearms offences (clauses 271 to 274) will fall upon the Prison Service. Costs are estimated at £14.6 million for the financial year 2004-2005. Costs are estimated to be in the order of £14.6 million annually thereafter. Costs to the Lord Chancellor's Department relating to the increased cost of hearing cases in the Crown Court are estimated at £0.4 million and £0.7 million for the financial years 2003-2004 and 2005-2006 respectively. Costs are estimated to be in the order of £0.7 million annually thereafter. Legal Aid costs are also estimated at £1.5 million and £3 million for the financial years 2003-2004 and 2004-2005. Costs are estimated to be in the order of £3 million annually thereafter.

Part 13: Miscellaneous

799.     The majority of the costs to be incurred as a result of the extension of the limit on the period of detention without charge of suspected terrorists (clause 284) will fall upon the police. Costs are estimated at £0.4 million for each of the financial years 2004-2005, 2005-2006 and 2006-2007. Costs are estimated to be in the order of £0.5 million in the financial year 2007-2008 and annually thereafter.

800.     The majority of the costs to be incurred as a result of the clauses relating to the Individual Support Orders clause (clause 292 to 293) will fall upon Youth Offending Teams. Costs are estimated at £0.2 million in the financial year 2003-2004 and £0.4 million annually from the financial year 2004-2005.

801.     It should be noted that when a court considers making a Parenting Order it consults the Youth Offending Team as to whether there is a local parenting scheme and only makes such an order when there are local resources to deliver. The costs to be incurred as a result of attaching a parental order to a referral order will fall upon Youth Offending Teams and upon Legal Aid. Costs are estimated at £0.3 million annually from the financial year 2004-2005. It is estimated that this will prevent around 500 offences per year equating to non-realisable cost of crime savings in the order of £0.9 million.

802.     The majority of the costs to be incurred as a result of the amendments to the criminal record provisions of the Police Act 1997 (clauses 298 and Schedule 29) will fall upon the Criminal Records Bureau. The costs relate to the additional costs associated with strengthening the Bureau's Registered Bodies audit function. Costs are estimated at £4 million and £3 million for the financial years 2004-2005 and 2005-2006 respectively. Costs are estimated to be in the order of £3 million annually thereafter.

EFFECTS OF THE BILL ON PUBLIC SECTOR MANPOWER

803.     The effects of the Bill on public sector manpower are set out below.

Part 1: PACE

804.     Bail elsewhere than at a police station (clause 3) will save police time. The savings are estimated at £3.8 million from the financial year 2004-2005 and annually thereafter.

805.     Use of telephones for review of police detention (clause 4) will save police time. The savings are estimated at £4.2 million from the financial year 2004-2005 and annually thereafter.

806.     Property of detained persons (clause 6) will save police time. The savings are estimated at £3.9 million from the financial year 2004-2005 and annually thereafter.

807.     The majority of the costs to be incurred as a result of the clause relating to taking fingerprints without consent (clause 7) will fall upon the police. Costs are estimated at £0.2 million, £0.3 million and £0.2 million for the financial years 2003-2004, 2004-2005 and 2005-2006 respectively. Costs are estimated to be in the order of £0.2 million annually thereafter.

Part 2: Bail

808.     The costs to be incurred associated with prosecution appeals against bail decisions (clause 18) will relate to the increase in Crown Prosecution Service prosecutor time, training and administration are estimated at £0.1 million from the financial year 2003-2004.

809.     The costs to the Prison Service as a result of restriction on bail for drug users (clause 19) are estimated at £0.5 million, £5.8 million and £22 million in the financial years 2003-2004, 2004-2005 and 2005-2006 respectively. These estimates are arrived at using an average cost of a prison place. Any additional prison capacity required will be provided either in the public sector or private sector based on cost benefit analyses. It is not possible at this stage therefore to estimate any additions to public sector staffing.

Part 3: Conditional Cautions

810.     By the financial year 2005-2006 it is estimated that approximately 5,000 additional hours of Crown Prosecution Service prosecutor time will be required at a cost of £0.2 million associated with the introduction and operation of a formal system for conditional cautions.

Part 4: Charging

The cost to the Crown Prosecution Service in relation to charging pilots in the financial year 2003-2004 is estimated at £3.4 million.

811.     In the financial year 2004-2005 it is estimated that 175 additional lawyers will be required by the Crown Prosecution Service at a cost of £10.3 million and that additional management responsibilities will cost £0.8 million. It is estimated that lawyers will need approximately an additional 46,000 hours to review early administrative hearing cases at a cost of £1.4 million. The Crown Prosecution Service will require an additional 20 lawyers and 15 support staff to provide a presence at all major seaports and airports at a cost of £2.1 million.

812.     In the financial year 2005-2006 and annually thereafter it is estimated that 350 lawyers will be required by the Crown Prosecution Service at a cost of £21.3 million and that additional management responsibilities will cost £1.7 million. It is estimated that lawyers will need approximately an additional 93,000 hours to review early administrative hearing cases at a cost of £2.9 million. The Crown Prosecution Service will require an additional 20 lawyers and 15 support staff to provide a presence at all major seaports and airports at a cost of £2.2 million.

Part 5: Disclosure

813.     It is estimated that 173 additional lawyers will be required by the Crown Prosecution Service, these will be recruited gradually starting with pilots in 2003. The costs to the Crown Prosecution Service are estimated at £1.5 million, £14.4 million and £12.4 million in the financial years 2003-2004, 2004-2005 and 2005-2006.

Part 9: Prosecution Appeals

814.     The majority of the costs to be incurred for additional prosecutor time and administration will fall upon the Crown Prosecution Service. It is estimated that various appeals and retrials will cost £1.3 million from the financial year 2005-2006. It is estimated that the Lord Chancellors department will require seven additional staff at a cost of £0.2 million annually from the financial year 2005-2006 in relation to the additional appeal court capacity.

Part 10:Retrial for Serious Offences

815.     The costs to the Crown Prosecution Service in additional prosecutor time and administration, and the Criminal Defence Service as a result of the retrial of serious offences are estimated at £0.4 million and £0.2 million respectively from the financial year 2005-2006. The cost to the Prison Service estimated at £0.1 million from the financial year 2005-2006 is arrived at using an average cost of a prison place. Any additional prison capacity required will be provided either in the public sector or private sector based on cost benefit analyses. It is not possible at this stage therefore to estimate any additions to public sector staffing.

Part 11: Evidence

816.     The costs to the Prison Service and the Probation Service for additional places relating to evidence of bad character (clauses 90 to 106) are estimated at £2.3 million and £0.1 million respectively in the financial year 2005-2006. The cost to the Prison Service is arrived at using an average cost of a prison place. Any additional prison capacity required will be provided either in the public sector or private sector based on cost benefit analyses. It is not possible at this stage therefore to estimate any additions to public sector staffing. The estimates arrived at for the Probation Service use an average cost of a place and would have a minimal impact upon public sector manpower.

817.     The clauses relating to testimony recorded on video (clauses 130 and 131) will enable the extension of visual recording to critical witnesses in serious crimes. It is estimated that Crown Prosecution Service and Legal Aid lawyers will require approximately an additional 33,000 hours of preparation time at a cost of £1.3 million and £1.7 million respectively in the financial year 2005-2006. This is estimated to continue annually thereafter.

Part 12: Sentencing

818.     The staff cost relating to the Sentencing Guidelines Council and the cost of remuneration for the members (clauses 160 to 166) are estimated at £0.7 million and £0.1 million respectively in the financial year 2003-2004, the staff costs are expected to rise to £0.8 million annually the following year.

819.     The majority of the costs associated with the remaining sentencing part of the Bill with financial implications (i.e. Community orders, Prison sentences of less than twelve months; General limits on magistrates' court's power to impose imprisonment Intermittent custody; Suspended sentences; Dangerous offenders; Recall after release; Drug testing and rehabilitation requirements) will fall upon the Prison Service, Probation Service, Youth Justice Board, Lord Chancellor's Department and Judicial Studies Board.

820.     The cost to the Prison Service is arrived at using an average cost of a prison place. Any additional prison capacity required will be provided either in the public sector or private sector based on cost benefit analyses. It is not possible at this stage therefore to estimate any additions to public sector staffing. The majority of the staff costs related to the piloting of Intermittent Custody (clauses 176 to 179, and clauses 187 to 214) will fall upon the Prison Service. It is estimated that around 40 staff will be required at a cost of £0.6 million for the financial year 2003-2004 and that 36 staff will be required at a cost of £0.8 million annually from the financial year 2004-2005.

821.     In the case of the Probation Service additional pay costs relating to the provision of resources to deal with the additional caseload are estimated at £10million, £43 million, £82 million, £102 million, £109 million and £113 million for the financial years 2003-2004, 2004-2005, 2005-2006, 2006-2007, 2007-2008 and 2008-2009 respectively. This equates to 407, 1,760, 3,300, 4,463, 4,473 and 4,473 staff for each year respectively. Also in the case of the Probation Service 60 and 240 staff are expected to be required in relation to the cost of drug testing and treatment, at a cost of £4 million and £16million for the financial years 2004-2005 and 2005-2006 respectively. This is estimated to continue annually thereafter.

822.     The cost to the Youth Justice Board in relation to drug testing and treatment (estimated at £2million, £5 million and £10 million in the financial years 2003-2004, 2004-2005 and 2005-2006 respectively) and in relation to the provision of additional resource for secure accommodation and longer periods of supervision to support the new sentences for juveniles (estimated at £6.5 million and £1.4 million annually respectively from the financial year 2004-2005) are arrived at using an average cost of a place. However as any pressure exerted in excess of the planned maximum capacity may be addressed through Private Finance Initiative solutions, these are assumed not to add to public sector manpower.

823.     The majority of the costs to be incurred as a result of the effect of life sentence clauses (clauses 254-262) will fall upon the Lord Chancellor's Department. The costs relate to the additional transitional costs associated with the conduct of reviews. Costs are estimated at £0.4 million, £0.8 million and £0.8 million for the financial years 2003-2004, 2004-2005 and 2005-2006 respectively.

824.     The cost to the Prison Service as a result of the increase in penalties for certain driving-related offences causing death (clause 270) is arrived at using an average cost of a prison place. Any additional prison capacity required will be provided either in the public sector or private sector based on cost benefit analyses. It is not possible at this stage therefore to estimate any additions to public sector staffing.

825.     The cost to the Prison Service as a result of the firearms offences clauses (clauses 271-274) is arrived at using an average cost of a prison place. Any additional prison capacity required will be provided either in the public sector or private sector based on cost benefit analyses. It is not possible at this stage therefore to estimate any additions to public sector staffing. Costs to the Lord Chancellor's Department relating to the increased cost of hearing cases in the Crown Court are estimated at £0.4 million and £0.7 million for the financial years 2003-2004 and 2005-2006 respectively. Costs are estimated to be in the order of £0.7 million annually thereafter. Legal Aid costs are also estimated at £1.5 million and £3 million for the financial years 2003-2004 and 2004-2005. Costs are estimated to be in the order of £3 million annually thereafter.

 
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Prepared: 23 May 2003