House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Criminal Justice Bill


Criminal Justice Bill
Part 11 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 and 3

119

 

(5)   

Subsections (2) and (3) of section 54 of the Mental Health Act 1983 (c. 20) have

effect with respect to proof for the purposes of subsection (3)(a) of an offender’s

mental condition as they have effect with respect to proof of an offender’s

mental condition for the purposes of section 37(2)(a) of that Act.

(6)   

In this section and section 180, “chartered psychologist” means a person for the

5

time being listed in the British Psychological Society’s Register of Chartered

Psychologists.

180     

Mental health treatment at place other than that specified in order

(1)   

Where the medical practitioner or chartered psychologist by whom or under

whose direction an offender is being treated for his mental condition in

10

pursuance of a mental health treatment requirement is of the opinion that part

of the treatment can be better or more conveniently given in or at an institution

or place which—

(a)   

is not specified in the relevant order, and

(b)   

is one in or at which the treatment of the offender will be given by or

15

under the direction of a registered medical practitioner or chartered

psychologist,

   

he may, with the consent of the offender, make arrangements for him to be

treated accordingly.

(2)   

Such arrangements as are mentioned in subsection (1) may provide for the

20

offender to receive part of his treatment as a resident patient in an institution

or place notwithstanding that the institution or place is not one which could

have been specified for that purpose in the relevant order.

(3)   

Where any such arrangements as are mentioned in subsection (1) are made for

the treatment of an offender—

25

(a)   

the medical practitioner or chartered psychologist by whom the

arrangements are made shall give notice in writing to the offender’s

responsible officer, specifying the institution or place in or at which the

treatment is to be carried out; and

(b)   

the treatment provided for by the arrangements shall be deemed to be

30

treatment to which he is required to submit in pursuance of the relevant

order.

181     

Drug rehabilitation requirement

(1)   

In this Part “drug rehabilitation requirement”, in relation to a community order

or suspended sentence order, means a requirement that during a period

35

specified in the order (“the treatment and testing period”) the offender—

(a)   

must submit to treatment by or under the direction of a specified

person having the necessary qualifications or experience with a view to

the reduction or elimination of the offender’s dependency on or

propensity to misuse drugs, and

40

(b)   

for the purpose of ascertaining whether he has any drug in his body

during that period, must provide samples of such description as may

be so determined, at such times or in such circumstances as may

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

responsible officer or by the person specified as the person by or under

45

whose direction the treatment is to be provided.

(2)   

A court may not impose a drug rehabilitation requirement unless—

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 and 3

120

 

(a)   

it is satisfied—

(i)   

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

drugs, and

(ii)   

that his dependency or propensity is such as requires and may

be susceptible to treatment,

5

(b)   

it is also 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),

(c)   

the requirement has been recommended to the court as being suitable

10

for the offender—

(i)   

in the case of an offender aged 18 or over, by an officer of a local

probation board, or

(ii)   

in the case of an offender aged under 18, either by an officer of

a local probation board or by a member of a youth offending

15

team, and

(d)   

the offender expresses his willingness to comply with the requirement.

(3)   

The treatment and testing period must be at least six months.

(4)   

The required treatment for any particular period must be—

(a)   

treatment as a resident in such institution or place as may be specified

20

in the order, or

(b)   

treatment as a non-resident in or at such institution or place, and at

such intervals, as may be so specified;

   

but the nature of the treatment is not to be specified in the order except as

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

25

(5)   

The function of making a determination as to the provision of samples under

provision included in the community order or suspended sentence order by

virtue of subsection (1)(b) is to be exercised in accordance with guidance given

from time to time by the Secretary of State.

(6)   

A community order or suspended sentence order imposing a drug

30

rehabilitation requirement must provide that the results of tests carried out on

any samples provided by the offender in pursuance of the requirement to a

person other than the responsible officer are to be communicated to the

responsible officer.

(7)   

In this section “drug” means a controlled drug as defined by section 2 of the

35

Misuse of Drugs Act 1971 (c. 38).

182     

Drug rehabilitation requirement: provision for review by court

(1)   

A community order or suspended sentence order imposing a drug

rehabilitation requirement may (and must if the treatment and testing period

is more than 12 months)—

40

(a)   

provide for the requirement to be reviewed periodically at intervals of

not less than one month,

(b)   

provide for each review of the requirement to be made, subject to

section 183(6), at a hearing held for the purpose by the court responsible

for the order (a “review hearing”),

45

(c)   

require the offender to attend each review hearing,

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 and 3

121

 

(d)   

provide for the responsible officer to make to the court responsible for

the order, before each review, a report in writing on the offender’s

progress under the requirement, and

(e)   

provide for each such report to include the test results communicated

to the responsible officer under section 181(6) or otherwise and the

5

views of the treatment provider as to the treatment and testing of the

offender.

(2)   

In this section references to the court responsible for a community order or

suspended sentence order imposing a drug rehabilitation requirement are

references—

10

(a)   

where a court is specified in the order in accordance with subsection (3),

to that court;

(b)   

in any other case, to the court by which the order is made.

(3)   

Where the area specified in a community order or suspended sentence order

which is made by a magistrates’ court and imposes a drug rehabilitation

15

requirement is not the area for which the court acts, the court may, if it thinks

fit, include in the order provision specifying for the purposes of subsection (2)

a magistrates’ court which acts for the area specified in the order.

(4)   

Where a community order or suspended sentence order imposing a drug

rehabilitation requirement has been made on an appeal brought from the

20

Crown Court or from the criminal division of the Court of Appeal, for the

purposes of subsection (2)(b) it shall be taken to have been made by the Crown

Court.

183     

Periodic review of drug rehabilitation requirement

(1)   

At a review hearing (within the meaning given by subsection (1) of section 182)

25

the court may, after considering the responsible officer’s report referred to in

that subsection, amend the community order or suspended sentence order, so

far as it relates to the drug rehabilitation requirement.

(2)   

The court—

(a)   

may not amend the drug rehabilitation requirement unless the offender

30

expresses his willingness to comply with the requirement as amended,

(b)   

may not amend any provision of the order so as to reduce the period for

which the drug rehabilitation requirement has effect below the

minimum specified in section 181(3), and

(c)   

except with the consent of the offender, may not amend any

35

requirement or provision of the order while an appeal against the order

is pending.

(3)   

If the offender fails to express his willingness to comply with the drug

rehabilitation requirement as proposed to be amended by the court, the court

may—

40

(a)   

revoke the community order, or the suspended sentence order and the

suspended sentence to which it relates, and

(b)   

deal with him, for the offence in respect of which the order was made,

in any way in which it could deal with him if he had just been convicted

by the court of the offence.

45

(4)   

In dealing with the offender under subsection (3)(b), the court—

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 and 3

122

 

(a)   

shall take into account the extent to which the offender has complied

with the requirements of the order, and

(b)   

may impose a custodial sentence (where the order was made in respect

of an offence punishable with such a sentence) notwithstanding

anything in section 124(2).

5

(5)   

Where the order is a community order made by a magistrates’ court in the case

of an offender under 18 years of age in respect of an offence triable only on

indictment in the case of an adult, any powers exercisable under subsection

(3)(b) in respect of the offender after he attains the age of 18 are powers to do

either or both of the following—

10

(a)   

to impose a fine not exceeding £5,000 for the offence in respect of which

the order was made;

(b)   

to deal with the offender for that offence in any way in which the court

could deal with him if it had just convicted him of an offence

punishable with imprisonment for a term not exceeding twelve

15

months.

(6)   

If at a review hearing (as defined by section 182(1)(b)) the court, after

considering the responsible officer’s report, is of the opinion that the offender’s

progress under the requirement is satisfactory, the court may so amend the

order as to provide for each subsequent review to be made by the court without

20

a hearing.

(7)   

If at a review without a hearing the court, after considering the responsible

officer’s report, is of the opinion that the offender’s progress under the

requirement is no longer satisfactory, the court may require the offender to

attend a hearing of the court at a specified time and place.

25

(8)   

At that hearing the court, after considering that report, may—

(a)   

exercise the powers conferred by this section as if the hearing were a

review hearing, and

(b)   

so amend the order as to provide for each subsequent review to be

made at a review hearing.

30

(9)   

In this section any reference to the court, in relation to a review without a

hearing, is to be read—

(a)   

in the case of the Crown Court, as a reference to a judge of the court;

(b)   

in the case of a magistrates’ court, as a reference to a justice of the peace

acting for the commission area for which the court acts.

35

184     

Alcohol treatment requirement

(1)   

In this Part “alcohol treatment requirement”, in relation to a relevant order,

means a requirement that the offender must submit during a period specified

in the order to treatment by or under the direction of a specified person having

the necessary qualifications or experience with a view to the reduction or

40

elimination of the offender’s dependency on alcohol.

(2)   

A court may not impose an alcohol treatment requirement in respect of an

offender unless it is satisfied—

(a)   

that he is dependent on alcohol,

(b)   

that his dependency is such as requires and may be susceptible to

45

treatment, and

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 and 3

123

 

(c)   

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).

(3)   

A court may not impose an alcohol treatment requirement unless the offender

5

expresses his willingness to comply with its requirements.

(4)   

The period for which the alcohol treatment requirement has effect must be not

less than six months.

(5)   

The treatment required by an alcohol treatment requirement for any particular

period must be—

10

(a)   

treatment as a resident in such institution or place as may be specified

in the order,

(b)   

treatment as a non-resident in or at such institution or place, and at

such intervals, as may be so specified, or

(c)   

treatment by or under the direction of such person having the

15

necessary qualification or experience as may be so specified;

   

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

mentioned in paragraph (a), (b) or (c) above.

185     

Supervision requirement

(1)   

In this Part “supervision requirement”, in relation to a relevant order, means a

20

requirement that, during the relevant period, the offender must attend

appointments with the responsible officer or another person determined by the

responsible officer, at such time and place as may be determined by the officer.

(2)   

The purpose for which a supervision requirement may be imposed is that of

promoting the offender’s rehabilitation.

25

(3)   

In subsection (1) “the relevant period” means—

(a)   

in relation to a community order, the period for which the community

order remains in force,

(b)   

in relation to a custody plus order, the licence period as defined by

section 153(3)(b),

30

(c)   

in relation to an intermittent custody order, the licence periods as

defined by section 155(3), and

(d)   

in relation to a suspended sentence order, the supervision period as

defined by section 161(1)(a).

Requirements available only in case of offenders aged under 25

35

186     

Attendance centre requirement

(1)   

In this Part “attendance centre requirement”, in relation to a relevant order,

means a requirement that the offender must attend at an attendance centre

specified in the relevant order for such number of hours as may be so specified.

(2)   

The aggregate number of hours for which the offender may be required to

40

attend at an attendance centre must not be less than 12 or more than 36.

(3)   

The court may not impose an attendance centre requirement unless the court

is satisfied that the attendance centre to be specified in it is reasonably

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 and 3

124

 

accessible to the offender concerned, having regard to the means of access

available to him and any other circumstances.

(4)   

The first time at which the offender is required to attend at the attendance

centre is a time notified to the offender by the responsible officer.

(5)   

The subsequent hours are to be fixed by the officer in charge of the centre,

5

having regard to the offender’s circumstances.

(6)   

An offender may not be required under this section to attend at an attendance

centre on more than one occasion on any day, or for more than three hours on

any occasion.

Electronic monitoring

10

187     

Electronic monitoring requirement

(1)   

In this Part “electronic monitoring requirement”, in relation to a relevant order,

means a requirement for securing the electronic monitoring of the offender’s

compliance with other requirements imposed by the order during a period

specified in the order, or determined by the responsible officer in accordance

15

with the relevant order.

(2)   

Where—

(a)   

it is proposed to include in a relevant order a requirement for securing

electronic monitoring in accordance with this section, but

(b)   

there is a person (other than the offender) without whose co-operation

20

it will not be practicable to secure the monitoring,

   

the requirement may not be included in the order without that person’s

consent.

(3)   

A relevant order which includes an electronic monitoring requirement must

include provision for making a person responsible for the monitoring; and a

25

person who is made so responsible must be of a description specified in an

order made by the Secretary of State.

(4)   

Where an electronic monitoring requirement is required to take effect during a

period determined by the responsible officer in accordance with the relevant

order, the responsible officer must, before the beginning of that period,

30

notify—

(a)   

the offender,

(b)   

the person responsible for the monitoring, and

(c)   

any person falling within subsection (2)(b),

   

of the time when the period is to begin.

35

Provisions applying to relevant orders generally

188     

Petty sessions area to be specified in relevant order

(1)   

A community order or suspended sentence order must specify the petty

sessions area in which the offender resides or will reside.

(2)   

A custody plus order or an intermittent custody order must specify the petty

40

sessions area in which the offender will reside—

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 4 — Further provisions about orders under Chapters 2 and 3

125

 

(a)   

in the case of a custody plus order, during the licence period as defined

by section 153(3)(b), or

(b)   

in the case of an intermittent custody order, during the licence periods

as defined by section 155(3).

189     

Requirement to avoid conflict with religious beliefs, etc

5

(1)   

The court must ensure, as far as practicable, that any requirement imposed by

a relevant order is such as to avoid—

(a)   

any conflict with the offender’s religious beliefs or with the

requirements of any other relevant order to which he may be subject;

and

10

(b)   

any interference with the times, if any, at which he normally works or

attends school or any other educational establishment.

(2)   

The responsible officer in relation to an offender to whom a relevant order

relates must ensure, as far as practicable, that any instruction given or

requirement imposed by him in pursuance of the order is such as to avoid the

15

conflict or interference mentioned in subsection (1).

(3)   

The Secretary of State may by order provide that subsection (1) or (2) is to have

effect with such additional restrictions as may be specified in the order.

190     

Availability of arrangements in local area

(1)   

A court may not include an unpaid work requirement in a relevant order

20

unless the court is satisfied that provision for the offender to work under such

a requirement can be made under the arrangements for persons to perform

work under such a requirement which exist in the petty sessions area in which

he resides or will reside.

(2)   

A court may not include an activity requirement in a relevant order unless the

25

court is satisfied that provision for the offender to participate in the activities

proposed to be specified in the order can be made under the arrangements for

persons to participate in such activities which exist in the petty sessions area in

which he resides or will reside.

(3)   

A court may not include an attendance centre requirement in a relevant order

30

in respect of an offender unless the court has been notified by the Secretary of

State that an attendance centre is available for persons of his description.

(4)   

A court may not include an electronic monitoring requirement in a relevant

order in respect of an offender unless the court—

(a)   

has been notified by the Secretary of State that electronic monitoring

35

arrangements are available in the relevant areas mentioned in

subsections (5) to (7), and

(b)   

is satisfied that the necessary provision can be made under those

arrangements.

(5)   

In the case of a relevant order containing a curfew requirement or an exclusion

40

requirement, the relevant area for the purposes of subsection (4) is the area in

which the place proposed to be specified in the order is situated.

(6)   

In the case of a relevant order containing an attendance centre requirement, the

relevant area for the purposes of subsection (4) is the area in which the

attendance centre proposed to be specified in the order is situated.

45

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 13 November 2003