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Criminal Justice Bill


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

126

 

(7)   

In the case of any other relevant order, the relevant area for the purposes of

subsection (4) is the petty sessions area proposed to be specified in the order.

(8)   

In subsection (5) “place”, in relation to an exclusion requirement, has the same

meaning as in section 177.

191     

Provision of copies of relevant orders

5

(1)   

The court by which any relevant order is made must forthwith provide copies

of the order—

(a)   

to the offender,

(b)   

if the offender is aged 18 or over, to an officer of a local probation board

assigned to the court,

10

(c)   

if the offender is aged 16 or 17, to an officer of a local probation board

assigned to the court or to a member of a youth offending team

assigned to the court, and

(d)   

where the order specifies a petty sessions area for which the court

making the order does not act, to the local probation board acting for

15

that area.

(2)   

Where a relevant order imposes any requirement specified in the first column

of Schedule 13, the court by which the order is made must also forthwith

provide the person specified in relation to that requirement in the second

column of that Schedule with a copy of so much of the order as relates to that

20

requirement.

(3)   

Where a relevant order specifies a petty sessions area for which the court

making the order does not act, the court making the order must provide to the

magistrates’s court acting for that area—

(a)   

a copy of the order, and

25

(b)   

such documents and information relating to the case as it considers

likely to be of assistance to a court acting for that area in the exercise of

its functions in relation to the order.

192     

Duty of offender to keep in touch with responsible officer

(1)   

An offender in respect of whom a community order or a suspended sentence

30

order is in force—

(a)   

must keep in touch with the responsible officer in accordance with such

instructions as he may from time to time be given by that officer, and

(b)   

must notify him of any change of address.

(2)   

The obligation imposed by subsection (1) is enforceable as if it were a

35

requirement imposed by the order.

Powers of Secretary of State

193     

Provision of attendance centres

(1)   

The Secretary of State may continue to provide attendance centres.

(2)   

In this Part “attendance centre” means a place at which offenders aged under

40

25 may be required to attend and be given under supervision appropriate

occupation or instruction in pursuance of—

 

 

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

127

 

(a)   

attendance centre requirements of relevant orders, or

(b)   

attendance centre orders under section 60 of the Sentencing Act.

(3)   

For the purpose of providing attendance centres, the Secretary of State may

make arrangements with any local authority or police authority for the use of

premises of that authority.

5

194     

Rules

(1)   

The Secretary of State may make rules for regulating—

(a)   

the supervision of persons who are subject to relevant orders,

(b)   

without prejudice to the generality of paragraph (a), the functions of

responsible officers in relation to offenders subject to relevant orders,

10

(c)   

the arrangements to be made by local probation boards for persons

subject to unpaid work requirements to perform work and the

performance of such work,

(d)   

the provision and carrying on of attendance centres and community

rehabilitation centres,

15

(e)   

the attendance of persons subject to activity requirements or

attendance centre requirements at the places at which they are required

to attend, including hours of attendance, reckoning days of attendance

and the keeping of attendance records,

(f)   

electronic monitoring in pursuance of an electronic monitoring

20

requirement, and

(g)   

without prejudice to the generality of paragraph (f), the functions of

persons made responsible for securing electronic monitoring in

pursuance of such a requirement.

(2)   

Rules under subsection (1)(c) may, in particular, make provision—

25

(a)   

limiting the number of hours of work to be done by a person on any one

day,

(b)   

as to the reckoning of hours worked and the keeping of work records,

and

(c)   

for the payment of travelling and other expenses in connection with the

30

performance of work.

195     

Power to amend limits

(1)   

The Secretary of State may by order amend—

(a)   

subsection (2) of section 171 (unpaid work requirement), or

(b)   

subsection (2) of section 176 (curfew requirement),

35

   

by substituting, for the maximum number of hours for the time being specified

in that subsection, such other number of hours as may be specified in the order.

(2)   

The Secretary of State may by order amend any of the provisions mentioned in

subsection (3) by substituting, for any period for the time being specified in the

provision, such other period as may be specified in the order.

40

(3)   

Those provisions are—

(a)   

section 176(3) (curfew requirement);

(b)   

section 177(2) (exclusion requirement);

(c)   

section 181(3) (drug rehabilitation requirement);

(d)   

section 184(4) (alcohol treatment requirement).

45

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 5 — Dangerous offenders

128

 

Chapter 5

Dangerous offenders

196     

Meaning of “specified offence” etc.

(1)   

An offence is a “specified offence” for the purposes of this Chapter if it is a

specified violent offence or a specified sexual offence.

5

(2)   

An offence is a “serious offence” for the purposes of this Chapter if and only

if—

(a)   

it is a specified offence, and

(b)   

it is, apart from section 197, punishable in the case of a person aged 18

or over by—

10

(i)   

imprisonment for life, or

(ii)   

imprisonment for a determinate period of ten years or more.

(3)   

In this Chapter—

   

“relevant offence” has the meaning given by section 201(4);

   

“serious harm” means death or serious personal injury, whether physical

15

or psychological;

   

“specified violent offence” means an offence specified in Part 1 of

Schedule 14;

   

“specified sexual offence” means an offence specified in Part 2 of that

Schedule.

20

197     

Life sentence or imprisonment for public protection for serious offences

(1)   

This section applies where—

(a)   

a person aged 18 or over is convicted of a serious offence committed

after the commencement of this section, and

(b)   

the court is of the opinion that there is a substantial risk of his

25

committing further specified offences involving a significant risk of

serious harm to members of the public.

(2)   

If—

(a)   

the offence is one in respect of which the offender would apart from this

section be liable to imprisonment for life, and

30

(b)   

the court considers that the seriousness of the offence, or of the offence

and one or more offences associated with it, is such as to justify the

imposition of a sentence of imprisonment for life,

   

the court must impose a sentence of imprisonment for life.

(3)   

In a case not falling within subsection (2), the court must impose a sentence of

35

imprisonment for public protection.

(4)   

A sentence of imprisonment for public protection is a sentence of

imprisonment for an indeterminate period, subject to the provisions of Chapter

2 of Part 2 of the Crime (Sentences) Act 1997 (c. 43) as to the release of prisoners

and duration of licences.

40

(5)   

An offence the sentence for which is imposed under this section is not to be

regarded as an offence the sentence for which is fixed by law.

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 5 — Dangerous offenders

129

 

198     

Detention for life or detention for public protection for serious offences

committed by those under 18

(1)   

This section applies where—

(a)   

a person aged under 18 is convicted of a serious offence committed

after the commencement of this section, and

5

(b)   

the court is of the opinion that there is a significant risk to members of

the public of serious harm occasioned by the commission by him of

further specified offences.

(2)   

If—

(a)   

the offence is one in respect of which the offender would apart from this

10

section be liable to a sentence of detention for life under section 91 of

the Sentencing Act, and

(b)   

the court considers that the seriousness of the offence, or of the offence

and one or more offences associated with it, is such as to justify the

imposition of a sentence of detention for life,

15

   

the court must impose a sentence of detention for life under that section.

(3)   

If, in a case not falling within subsection (2), the court considers that an

extended sentence under section 200 would not be adequate for the purpose of

protecting the public from serious harm occasioned by the commission by the

offender of further specified offences, the court must impose a sentence of

20

detention for public protection.

(4)   

A sentence of detention for public protection is a sentence of detention for an

indeterminate period, subject to the provisions of Chapter 2 of Part 2 of the

Crime (Sentences) Act 1997 as to the release of prisoners and duration of

licences.

25

(5)   

An offence the sentence for which is imposed under this section is not to be

regarded as an offence the sentence for which is fixed by law.

199     

Extended sentence for certain violent or sexual offences: persons 18 or over

(1)   

This section applies where—

(a)   

a person aged 18 or over is convicted of a specified offence, other than

30

a serious offence, committed after the commencement of this section,

and

(b)   

the court considers that there is a significant risk to members of the

public of serious harm occasioned by the commission by the offender

of further specified offences.

35

(2)   

The court must impose on the offender an extended sentence of imprisonment,

that is to say, a sentence of imprisonment the term of which is equal to the

aggregate of—

(a)   

the appropriate custodial term, and

(b)   

a further period (“the extension period”) for which the offender is to be

40

subject to a licence and which is of such length as the court considers

necessary for the purpose of protecting members of the public from

serious harm occasioned by the commission by him of further specified

offences.

(3)   

In subsection (2) “the appropriate custodial term” means a term of

45

imprisonment (not exceeding the maximum term permitted for the offence)

which—

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 5 — Dangerous offenders

130

 

(a)   

is the term that would (apart from this section) be imposed in

compliance with section 125(2), or

(b)   

where the term that would be so imposed is a term of less than 12

months, is a term of 12 months.

(4)   

The extension period must not exceed—

5

(a)   

five years in the case of a specified violent offence, and

(b)   

eight years in the case of a specified sexual offence.

(5)   

The term of an extended sentence of imprisonment passed under this section

in respect of an offence must not exceed the maximum term permitted for the

offence.

10

200     

Extended sentence for certain violent or sexual offences: persons under 18

(1)   

This section applies where—

(a)   

a person aged under 18 is convicted of a specified offence committed

after the commencement of this section, and

(b)   

the court considers—

15

(i)   

that there is a significant risk to members of the public of serious

harm occasioned by the commission by the offender of further

specified offences, and

(ii)   

where the specified offence is a serious offence, that the case is

not one in which the court is required by section 198(2) to

20

impose a sentence of detention for life under section 91 of the

Sentencing Act or by section 198(3) to impose a sentence of

detention for public protection.

(2)   

The court must impose on the offender an extended sentence of detention, that

is to say, a sentence of detention the term of which is equal to the aggregate

25

of—

(a)   

the appropriate custodial term, and

(b)   

a further period (“the extension period”) for which the offender is to be

subject to a licence and which is of such length as the court considers

necessary for the purpose of protecting members of the public from

30

serious harm occasioned by the commission by him of further specified

offences.

(3)   

In subsection (2) “the appropriate custodial term” means such term as the court

considers appropriate, which—

(a)   

must be at least 12 months, and

35

(b)   

must not exceed the maximum term of imprisonment permitted for the

offence.

(4)   

The extension period must not exceed—

(a)   

five years in the case of a specified violent offence, and

(b)   

eight years in the case of a specified sexual offence.

40

(5)   

The term of an extended sentence of detention passed under this section in

respect of an offence must not exceed the maximum term of imprisonment

permitted for the offence.

(6)   

Any reference in this section to the maximum term of imprisonment permitted

for an offence is a reference to the maximum term of imprisonment that is,

45

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 5 — Dangerous offenders

131

 

apart from section 197, permitted for the offence in the case of a person aged 18

or over.

201     

The assessment of dangerousness

(1)   

This section applies where—

(a)   

a person has been convicted of a specified offence, and

5

(b)   

it falls to a court to assess under any of sections 197 to 200 whether there

is a significant risk to members of the public of serious harm occasioned

by the commission by him of further such offences.

(2)   

If at the time when that offence was committed the offender had not been

convicted in any part of the United Kingdom of any relevant offence or was

10

aged under 18, the court in making the assessment referred to in subsection

(1)(b)—

(a)   

must take into account all such information as is available to it about

the nature and circumstances of the offence,

(b)   

may take into account any information which is before it about any

15

pattern of behaviour of which the offence forms part, and

(c)   

may take into account any information about the offender which is

before it.

(3)   

If at the time when that offence was committed the offender was aged 18 or

over and had been convicted in any part of the United Kingdom of one or more

20

relevant offences, the court must assume that there is such a risk as is

mentioned in subsection (1)(b) unless, after taking into account—

(a)   

all such information as is available to it about the nature and

circumstances of each of the offences,

(b)   

where appropriate, any information which is before it about any

25

pattern of behaviour of which any of the offences forms part, and

(c)   

any information about the offender which is before it,

   

the court considers that it would be unreasonable to conclude that there is such

a risk.

(4)   

In this Chapter “relevant offence” means—

30

(a)   

a specified offence,

(b)   

an offence specified in Schedule 15 (offences under the law of Scotland),

or

(c)   

an offence specified in Schedule 16 (offences under the law of Northern

Ireland).

35

202     

Imprisonment or detention for public protection: release on licence

Schedule 17 (release of prisoners serving sentences of imprisonment or

detention for public protection) shall have effect.

203     

Appeals where previous convictions set aside

(1)   

This section applies where—

40

(a)   

a sentence has been imposed on any person under section 197 or 199,

and

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 5 — Dangerous offenders

132

 

(b)   

any previous conviction of his without which the court would not have

been required to make the assumption mentioned in section 201(3) has

been subsequently set aside on appeal.

(2)   

Notwithstanding anything in section 18 of the Criminal Appeal Act 1968

(c. 19), notice of appeal against the sentence may be given at any time within

5

28 days from the date on which the previous conviction was set aside.

204     

Certificates of convictions for purposes of section 201

Where—

(a)   

on any date after the commencement of this section a person is

convicted in England and Wales of a relevant offence, and

10

(b)   

the court by or before which he is so convicted states in open court that

he has been convicted of such an offence on that date, and

(c)   

that court subsequently certifies that fact,

that certificate shall be evidence, for the purposes of section 201, that he was

convicted of such an offence on that date.

15

205     

Offences under service law

Where—

(a)   

a person has at any time been convicted of an offence under section 70

of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 70 of the Air Force Act

1955 (3 & 4 Eliz. 2 c. 19) or section 42 of the Naval Discipline Act 1957

20

(c. 53), and

(b)   

the corresponding civil offence (within the meaning of that Act) was a

relevant offence,

section 201 shall have effect as if he had at that time been convicted in England

and Wales of the corresponding civil offence.

25

206     

Determination of day when offence committed

Where an offence is found to have been committed over a period of two or

more days, or at some time during a period of two or more days, it shall be

taken for the purposes of section 201 to have been committed on the last of

those days.

30

207     

Detention under ss. 198 and 200

A person sentenced to be detained under section 198 or 200 is liable to be

detained in such place, and under such conditions, as may be determined by

the Secretary of State or by such other person as may be authorised by him for

the purpose.

35

208     

Conversion of sentences of detention into sentences of imprisonment

For section 99 of the Sentencing Act (conversion of sentence of detention and

 

 

 
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