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Criminal Justice Bill


Criminal Justice Bill
Schedule 21 — Deferment of sentence

    298

 

       1A            Further provision about undertakings

              (1)             Without prejudice to the generality of paragraph (b) of section 1(3)

above, the requirements that may be imposed by virtue of that

paragraph include requirements as to the residence of the offender

during the whole or any part of the period of deferment.

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              (2)             Where an offender has undertaken to comply with any requirements

imposed under section 1(3)(b) above the court may appoint—

                    (a)                   an officer of a local probation board, or

                    (b)                   any other person whom the court thinks appropriate,

                              to act as a supervisor in relation to him.

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              (3)             A person shall not be appointed under subsection (2)(b) above

without his consent.

              (4)             It shall be the duty of a supervisor appointed under subsection (2)

above—

                    (a)                   to monitor the offender’s compliance with the requirements;

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and

                    (b)                   to provide the court to which it falls to deal with the offender

in respect of the offence in question with such information as

the court may require relating to the offender’s compliance

with the requirements.

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       1B            Breach of undertakings

              (1)             A court which under section 1 above has deferred passing sentence

on an offender may deal with him before the end of the period of

deferment if—

                    (a)                   he appears or is brought before the court under subsection (3)

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below; and

                    (b)                   the court is satisfied that he has failed to comply with one or

more requirements imposed under section 1(3)(b) above in

connection with the deferment.

              (2)             Subsection (3) below applies where—

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                    (a)                   a court has under section 1 above deferred passing sentence

on an offender;

                    (b)                   the offender undertook to comply with one or more

requirements imposed under section 1(3)(b) above in

connection with the deferment; and

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                    (c)                   a person appointed under section 1A(2) above to act as a

supervisor in relation to the offender has reported to the

court that the offender has failed to comply with one or more

of those requirements.

              (3)             Where this subsection applies, the court may issue—

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                    (a)                   a summons requiring the offender to appear before the court

at a time and place specified in the summons; or

                    (b)                   a warrant to arrest him and bring him before the court at a

time and place specified in the warrant.

 

 

Criminal Justice Bill
Schedule 21 — Deferment of sentence

    299

 

       1C            Conviction of offence during period of deferment

              (1)             A court which under section 1 above has deferred passing sentence

on an offender may deal with him before the end of the period of

deferment if during that period he is convicted in Great Britain of

any offence.

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              (2)             Subsection (3) below applies where a court has under section 1 above

deferred passing sentence on an offender in respect of one or more

offences and during the period of deferment the offender is

convicted in England and Wales of any offence (“the later offence”).

              (3)             Where this subsection applies, then (without prejudice to subsection

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(1) above and whether or not the offender is sentenced for the later

offence during the period of deferment), the court which passes

sentence on him for the later offence may also, if this has not already

been done, deal with him for the offence or offences for which

passing of sentence has been deferred, except that—

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                    (a)                   the power conferred by this subsection shall not be exercised

by a magistrates’ court if the court which deferred passing

sentence was the Crown Court; and

                    (b)                   the Crown Court, in exercising that power in a case in which

the court which deferred passing sentence was a magistrates’

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court, shall not pass any sentence which could not have been

passed by a magistrates’ court in exercising that power.

              (4)             Where a court which under section 1 above has deferred passing

sentence on an offender proposes to deal with him by virtue of

subsection (1) above before the end of the period of deferment, the

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court may issue—

                    (a)                   a summons requiring him to appear before the court at a time

and place specified in the summons; or

                    (b)                   a warrant to arrest him and bring him before the court at a

time and place specified in the warrant.

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       1D            Deferment of sentence: supplementary

              (1)             In deferring the passing of sentence under section 1 above a

magistrates’ court shall be regarded as exercising the power of

adjourning the trial conferred by section 10(1) of the Magistrates’

Courts Act 1980, and accordingly sections 11(1) and 13(1) to (3A) and

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(5) of that Act (non-appearance of the accused) apply (without

prejudice to section 1(7) above) if the offender does not appear on the

date specified under section 1(4) above.

              (2)             Where the passing of sentence on an offender has been deferred by a

court (“the original court”) under section 1 above, the power of that

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court under that section to deal with the offender at the end of the

period of deferment and any power of that court under section 1B(1)

or 1C(1) above, or of any court under section 1C(3) above, to deal

with the offender—

                    (a)                   is power to deal with him, in respect of the offence for which

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passing of sentence has been deferred, in any way in which

the original court could have dealt with him if it had not

deferred passing sentence; and

 

 

Criminal Justice Bill
Schedule 22 — Drug treatment and testing requirement in action plan order or supervision order

    300

 

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

the case of a magistrates’ court, includes the power conferred

by section 3 below to commit him to the Crown Court for

sentence.

              (3)             Where—

5

                    (a)                   the passing of sentence on an offender in respect of one or

more offences has been deferred under section 1 above, and

                    (b)                   a magistrates’ court deals with him in respect of the offence

or any of the offences by committing him to the Crown Court

under section 3 below,

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                              the power of the Crown Court to deal with him includes the same

power to defer passing sentence on him as if he had just been

convicted of the offence or offences on indictment before the court.

              (4)             Subsection (5) below applies where—

                    (a)                   the passing of sentence on an offender in respect of one or

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more offences has been deferred under section 1 above;

                    (b)                   it falls to a magistrates’ court to determine a relevant matter;

and

                    (c)                   a justice of the peace is satisfied—

                           (i)                          that a person appointed under section 1A(2)(b) above

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to act as a supervisor in relation to the offender is

likely to be able to give evidence that may assist the

court in determining that matter; and

                           (ii)                         that that person will not voluntarily attend as a

witness.

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              (5)             The justice may issue a summons directed to that person requiring

him to attend before the court at the time and place appointed in the

summons to give evidence.

              (6)             For the purposes of subsection (4) above a court determines a

relevant matter if it—

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                    (a)                   deals with the offender in respect of the offence, or any of the

offences, for which the passing of sentence has been deferred;

or

                    (b)                   determines, for the purposes of section 1B(1)(b) above,

whether the offender has failed to comply with any

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requirements imposed under section 1(3)(b) above.”

  2        In section 159 of the Sentencing Act (execution of process between England

and Wales and Scotland), for “section 2(4),” there is substituted “section 1(7),

1B(3), 1C(4),”.

Schedule 22

40

Section 257

 

Drug treatment and testing requirement in action plan order or supervision

order

  1       (1)      Section 70 of the Sentencing Act (requirements which may be included in

 

 

Criminal Justice Bill
Schedule 22 — Drug treatment and testing requirement in action plan order or supervision order

    301

 

action plan orders and directions) is amended as follows.

          (2)      After subsection (4) there is inserted—

              “(4A)                Subsection (4B) below applies where a court proposing to make an

action plan order is satisfied—

                    (a)                   that the offender is dependent on, or has a propensity to

5

misuse, drugs, and

                    (b)                   that his dependency or propensity is such as requires and

may be susceptible to treatment.

              (4B)                Where this subsection applies, requirements included in an action

plan order may require the offender for a period specified in the

10

order (“the treatment period”) to submit to treatment by or under the

direction of a specified person having the necessary qualifications

and experience (“the treatment provider”) with a view to the

reduction or elimination of the offender’s dependency on or

propensity to misuse drugs.

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              (4C)                The required treatment shall be—

                    (a)                   treatment as a resident in such institution or place as may be

specified in the order, or

                    (b)                   treatment as a non-resident at such institution or place, and

at such intervals, as may be so specified;

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                              but the nature of the treatment shall not be specified in the order

except as mentioned in paragraph (a) or (b) above.

              (4D)                A requirement shall not be included in an action plan order by virtue

of subsection (4B) above—

                    (a)                   in any case, unless—

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                           (i)                          the court is satisfied that arrangements have been or

can be made for the treatment intended to be

specified in the order (including arrangements for the

reception of the offender where he is to be required to

submit to treatment as a resident), and

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                           (ii)                         the requirement has been recommended to the court

as suitable for the offender by an officer of a local

probation board or by a member of a youth offending

team; and

                    (b)                   in the case of an order made or to be made in respect of a

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person aged 14 or over, unless he consents to its inclusion.

              (4E)                 Subject to subsection (4F), an action plan order which includes a

requirement by virtue of subsection (4B) above may, if the offender

is aged 14 or over, also include a requirement (“a testing

requirement”) that, for the purpose of ascertaining whether he has

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any drug in his body during the treatment period, the offender shall

during that period, at such times or in such circumstances as may

(subject to the provisions of the order) be determined by the

responsible officer or the treatment provider, provide samples of

such description as may be so determined.

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              (4F)                A testing requirement shall not be included in an action plan order

by virtue of subsection (4E) above unless—

 

 

Criminal Justice Bill
Schedule 22 — Drug treatment and testing requirement in action plan order or supervision order

    302

 

                    (a)                   the offender is aged 14 or over and consents to its inclusion,

and

                    (b)                   the court has been notified by the Secretary of State that

arrangements for implementing such requirements are in

force in the area proposed to be specified in the order

5

              (4G)                A testing requirement shall specify for each month the minimum

number of occasions on which samples are to be provided.

              (4H)                An action plan order including a testing requirement shall provide

for the results of tests carried out on any samples provided by the

offender in pursuance of the requirement to a person other than the

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responsible officer to be communicated to the responsible officer.”

  2       (1)      Schedule 6 to the Sentencing Act (requirements which may be included in

supervision orders) is amended as follows.

          (2)      In paragraph 1, after “6” there is inserted “,6A”.

          (3)      After paragraph 6 there is inserted—

15

“Requirements as to drug treatment and testing

          6A                 (1)                  This paragraph applies where a court proposing to make a

supervision order is satisfied—

                      (a)                     that the offender is dependent on, or has a propensity to

misuse, drugs, and

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                      (b)                     that his dependency or propensity is such as requires and

may be susceptible to treatment.

                           (2)                  Where this paragraph applies, the court may include in the

supervision order a requirement that the offender shall, for a

period specified in the order (“the treatment period”), submit to

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treatment by or under the direction of a specified person having

the necessary qualifications and experience (“the treatment

provider”) with a view to the reduction or elimination of the

offender’s dependency on or propensity to misuse drugs.

                           (3)                   The required treatment shall be—

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                      (a)                     treatment as a resident in such institution or place as may

be specified in the order, or

                      (b)                     treatment as a non-resident at such institution or place,

and at such intervals, as may be so specified;

                                             but the nature of the treatment shall not be specified in the order

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except as mentioned in paragraph (a) or (b) above.

                           (4)                  A requirement shall not be included in a supervision order by

virtue of sub-paragraph (2) above—

                      (a)                     in any case, unless—

                             (i)                            the court is satisfied that arrangements have been

40

or can be made for the treatment intended to be

specified in the order (including arrangements for

the reception of the offender where he is to be

required to submit to treatment as a resident), and

                             (ii)                           the requirement has been recommended to the

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court as suitable for the offender by an officer of a

 

 

Criminal Justice Bill
Schedule 23 — Summary offences no longer punishable with imprisonment

    303

 

local probation board or by a member of a youth

offending team; and

                      (b)                     in the case of an order made or to be made in respect of a

person aged 14 or over, unless he consents to its inclusion.

                           (5)                   Subject to sub-paragraph (6), a supervision order which includes

5

a treatment requirement may also include a requirement (“a

testing requirement”) that, for the purpose of ascertaining

whether he has any drug in his body during the treatment period,

the offender shall during that period, at such times or in such

circumstances as may (subject to the provisions of the order) be

10

determined by the supervisor or the treatment provider, provide

samples of such description as may be so determined.

                           (6)                                    A testing requirement shall not be included in a supervision order

by virtue of sub-paragraph (5) above unless—

                      (a)                     the offender is aged 14 or over and consents to its

15

inclusion, and

                      (b)                     the court has been notified by the Secretary of State that

arrangements for implementing such requirements are in

force in the area proposed to be specified in the order.

                           (7)                  A testing requirement shall specify for each month the minimum

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number of occasions on which samples are to be provided.

                           (8)                   A supervision order including a testing requirement shall provide

for the results of tests carried out on any samples provided by the

offender in pursuance of the requirement to a person other than

the supervisor to be communicated to the supervisor.”

25

  3        In Schedule 7 to the Sentencing Act (breach, revocation and amendment of

supervision orders), in paragraph 2(1), before “or 7” there is inserted “,6A”.

Schedule 23

Section 258(1)

 

Summary offences no longer punishable with imprisonment

Vagrancy Act 1824 (c. 83)

30

  1        The offence under section 3 of the Vagrancy Act 1824 (idle and disorderly

persons) of causing or procuring or encouraging any child or children to

wander abroad, or place himself or herself in any public place, street,

highway, court, or passage, to beg or gather alms.

  2        The following offences under section 4 of that Act (rogues and vagabonds)—

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              (a)             the offence of going about as a gatherer or collector of alms, or

endeavouring to procure charitable contributions of any nature or

kind, under any false or fraudulent pretence,

              (b)             the offence of being found in or upon any dwelling house,

warehouse, coach-house, stable, or outhouse, or in any inclosed

40

yard, garden, or area, for any unlawful purpose, and

              (c)             the offence of being apprehended as an idle and disorderly person,

and violently resisting any constable, or other peace officer so

 

 

Criminal Justice Bill
Schedule 23 — Summary offences no longer punishable with imprisonment

    304

 

apprehending him or her, and being subsequently convicted of the

offence for which he or she shall have been so apprehended.

Railway Regulation Act 1842 (c. 55)

  3        An offence under section 17 of the Railway Regulation Act 1842

(punishment of railway employees guilty of misconduct).

5

London Hackney Carriages Act 1843 (c. 86)

  4        An offence under section 28 of the London Hackney Carriages Act 1843

(punishment for furious driving etc.).

Town Police Clauses Act 1847 (c. 89)

  5        An offence under section 26 of the Town Police Clauses Act 1847 (unlawful

10

release of impounded stray cattle).

  6        An offence under section 28 of that Act (offences relating to obstructions and

nuisances).

  7        An offence under section 29 of that Act (drunken persons, etc. guilty of

violent or indecent behaviour).

15

  8        An offence under section 36 of that Act (keeping places for bear-baiting,

cock-fighting etc.).

Ecclesiastical Courts Jurisdiction Act 1860 (c. 32)

  9        An offence under section 2 of the Ecclesiastical Courts Jurisdiction Act 1860

(making a disturbance in churches, chapels, churchyards, etc.).

20

Town Gardens Protection Act 1863 (c. 13)

  10       An offence under section 5 of the Town Gardens Protection Act 1863

(injuring gardens).

Public Stores Act 1875 (c. 25)

  11       An offence under section 8 of the Public Stores Act 1875 (sweeping, etc., near

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dockyards, artillery ranges, etc.).

North Sea Fisheries Act 1893 (c. 17)

  12                An offence under section 2 of the North Sea Fisheries Act 1893 (penalty for

supplying, exchanging, or otherwise selling spirits).

  13                An offence under section 3 of that Act (penalty for purchasing spirits by

30

exchange or otherwise).

Seamen’s and Soldiers’ False Characters Act 1906 (c. 5)

  14       An offence under section 1 of the Seamen’s and Soldiers’ False Characters

Act 1906 (forgery of service or discharge certificate and personation).

 

 

 
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