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Criminal Justice Bill


Criminal Justice Bill
Part 12 — Miscellaneous

175

 

sentence, the appeal may not be on any ground which is not related to

any reason given by the Commission for making the reference.

(4B)   

The Court of Appeal may give leave for an appeal mentioned in

subsection (4A) to be on a ground relating to the conviction, verdict,

finding or sentence which is not related to any reason given by the

5

Commission for making the reference.”

(3)   

In subsection (5) for “any of sections 9 to” there is substituted “section 11 or”.

288     

Power to substitute conviction of alternative offence on appeal in England

and Wales

(1)   

The Criminal Appeal Act 1968 (c. 19) is amended as follows.

10

(2)   

In section 3 (power to substitute conviction of alternative offence) in subsection

(1) after “an offence” there is inserted “to which he did not plead guilty”.

(3)   

After section 3 there is inserted—

“3A     

Power to substitute conviction of alternative offence after guilty plea

(1)   

This section applies on an appeal against conviction where—

15

(a)   

an appellant has been convicted of an offence to which he

pleaded guilty,

(b)   

if he had not so pleaded, he could on the indictment have

pleaded, or been found, guilty of some other offence, and

(c)   

it appears to the Court of Appeal that the plea of guilty indicates

20

an admission by the appellant of facts which prove him guilty

of the other offence.

(2)   

The Court of Appeal may, instead of allowing or dismissing the appeal,

substitute for the appellant’s plea of guilty a plea of guilty of the other

offence and pass such sentence in substitution for the sentence passed

25

at the trial as may be authorised by law for the other offence, not being

a sentence of greater severity.”

289     

Power to substitute conviction of alternative offence on appeal in Northern

Ireland

(1)   

The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is amended as follows.

30

(2)   

In section 3 (power to substitute conviction of alternative offence) in subsection

(1) after “an offence” there is inserted “to which he did not plead guilty”.

(3)   

After section 3 there is inserted—

“3A     

Power to substitute conviction of alternative offence after guilty plea

(1)   

This section applies where—

35

(a)   

an appellant has been convicted of an offence to which he

pleaded guilty,

(b)   

if he had not so pleaded, he could on the indictment have

pleaded, or been found, guilty of some other offence, and

(c)   

it appears to the Court of Appeal that the plea of guilty indicates

40

an admission by the appellant of facts which prove him guilty

of that other offence.

 

 

Criminal Justice Bill
Part 12 — Miscellaneous

176

 

(2)   

The Court may, instead of allowing or dismissing the appeal, substitute

for the appellant’s plea of guilty a plea of guilty of that other offence

and pass such sentence in substitution for the sentence passed at the

trial as may be warranted in law by the plea so substituted.”

290     

Substitution of conviction on different charge on appeal from court-martial

5

(1)   

The Courts-Martial (Appeals) Act 1968 (c. 20) is amended as follows.

(2)   

In section 14 (substitution of conviction on different charge) in subsection (1)

after “an offence” there is inserted “to which he did not plead guilty”.

(3)   

After section 14 there is inserted—

“14A    

Substitution of conviction on different charge after guilty plea

10

(1)   

This section applies where—

(a)   

an appellant has been convicted of an offence to which he

pleaded guilty,

(b)   

if he had not so pleaded, he could lawfully have pleaded, or

been found, guilty of some other offence, and

15

(c)   

it appears to the Appeal Court on an appeal against conviction

that the plea of guilty indicates an admission by the appellant of

facts which prove him guilty of that other offence.

(2)   

The Appeal Court may, instead of allowing or dismissing the appeal,

substitute for the appellant’s plea of guilty a plea of guilty of the other

20

offence, and may pass on the appellant, in substitution for the sentence

passed on him by the court-martial, such sentence as they think proper,

being a sentence warranted by the relevant Service Act for that other

offence, but not a sentence of greater severity.”

291     

Appeals against sentences in England and Wales

25

(1)   

The Criminal Appeal Act 1968 (c. 19) is amended as follows.

(2)   

In section 10 (appeal against sentence in certain cases) for subsection (3) there

is substituted—

“(3)   

An offender dealt with for an offence before the Crown Court in a

proceeding to which subsection (2) of this section applies may appeal

30

to the Court of Appeal against any sentence passed on him for the

offence by the Crown Court.”

(3)   

In section 11 (supplementary provisions as to appeal against sentence) after

subsection (6) there is inserted—

“(7)   

For the purposes of this section, any two or more sentences are to be

35

treated as passed in the same proceeding if—

(a)   

they are passed on the same day; or

(b)   

they are passed on different days but the court in passing any

one of them states that it is treating that one together with the

other or others as substantially one sentence.”

40

 

 

Criminal Justice Bill
Part 12 — Miscellaneous

177

 

Outraging public decency

292     

Offence of outraging public decency triable either way

(1)   

After paragraph 1 of Schedule 1 to the Magistrates’ Courts Act 1980 (c. 43)

(offences triable either way by virtue of section 17) there is inserted—

“1A        

An offence at common law of outraging public decency.”

5

(2)   

This section does not apply in relation to any offence committed before the

commencement of this section.

Jury service

293     

Jury service

Schedule 31 (jury service) shall have effect.

10

Individual support orders

294     

Individual support orders

After section 1A of the Crime and Disorder Act 1998 (c. 37) there is inserted—

“1AA Individual support orders

(1)   

Where a court makes an anti-social behaviour order in respect of a

15

defendant who is a child or young person when that order is made, it

must consider whether the individual support conditions are fulfilled.

(2)   

If it is satisfied that those conditions are fulfilled, the court must make

an order under this section (“an individual support order”) which—

(a)   

requires the defendant to comply, for a period not exceeding six

20

months, with such requirements as are specified in the order;

and

(b)   

requires the defendant to comply with any directions given by

the responsible officer with a view to the implementation of the

requirements under paragraph (a) above.

25

(3)   

The individual support conditions are—

(a)   

that an individual support order would be desirable in the

interests of preventing any repetition of the kind of behaviour

which led to the making of the anti-social behaviour order;

(b)   

that the defendant is not already subject to an individual

30

support order; and

(c)   

that the court has been notified by the Secretary of State that

arrangements for implementing individual support orders are

available in the area in which it appears to it that the defendant

resides or will reside and the notice has not been withdrawn.

35

(4)   

If the court is not satisfied that the individual support conditions are

fulfilled, it shall state in open court that it is not so satisfied and why it

is not.

 

 

Criminal Justice Bill
Part 12 — Miscellaneous

178

 

(5)   

The requirements that may be specified under subsection (2)(a) above

are those that the court considers desirable in the interests of

preventing any repetition of the kind of behaviour which led to the

making of the anti-social behaviour order.

(6)   

Requirements included in an individual support order, or directions

5

given under such an order by a responsible officer, may require the

defendant to do all or any of the following things—

(a)   

to participate in activities specified in the requirements or

directions at a time or times so specified;

(b)   

to present himself to a person or persons so specified at a place

10

or places and at a time or times so specified;

(c)   

to comply with any arrangements for his education so specified.

(7)   

But requirements included in, or directions given under, such an order

may not require the defendant to attend (whether at the same place or

at different places) on more than two days in any week; and “week”

15

here means a period of seven days beginning with a Sunday.

(8)   

Requirements included in, and directions given under, an individual

support order shall, as far as practicable, be such as to avoid—

(a)   

any conflict with the defendant’s religious beliefs; and

(b)   

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

20

works or attends school or any other educational establishment.

(9)   

Before making an individual support order, the court shall obtain from

a social worker of a local authority social services department or a

member of a youth offending team any information which it considers

necessary in order—

25

(a)   

to determine whether the individual support conditions are

fulfilled, or

(b)   

to determine what requirements should be imposed by an

individual support order if made,

   

and shall consider that information.

30

(10)   

In this section and section 1AB below “responsible officer”, in relation

to an individual support order, means one of the following who is

specified in the order, namely—

(a)   

a social worker of a local authority social services department;

(b)   

a person nominated by a person appointed as chief education

35

officer under section 532 of the Education Act 1996 (c. 56);

(c)   

a member of a youth offending team.

1AB Individual support orders: explanation, breach, amendment etc

(1)   

Before making an individual support order, the court shall explain to

the defendant in ordinary language—

40

(a)   

the effect of the order and of the requirements proposed to be

included in it;

(b)   

the consequences which may follow (under subsection (3)

below) if he fails to comply with any of those requirements; and

(c)   

that the court has power (under subsection (6) below) to review

45

the order on the application either of the defendant or of the

responsible officer.

 

 

Criminal Justice Bill
Part 12 — Miscellaneous

179

 

(2)   

The power of the Secretary of State under section 146(4) of the Criminal

Justice Act 2003 includes power by order to—

(a)   

prescribe cases in which subsection (1) above does not apply;

and

(b)   

prescribe cases in which the explanation referred to in that

5

subsection may be made in the absence of the defendant, or may

be provided in written form.

(3)   

If the person in respect of whom an individual support order is made

fails without reasonable excuse to comply with any requirement

included in the order, he is guilty of an offence and liable on summary

10

conviction to a fine not exceeding—

(a)   

if he is aged 14 or over at the date of his conviction, £1,000;

(b)   

if he is aged under 14 then, £250.

(4)   

No referral order under section 16(2) or (3) of the Powers of Criminal

Courts (Sentencing) Act 2000 (referral of young offenders to youth

15

offender panels) may be made in respect of an offence under subsection

(3) above.

(5)   

If the anti-social behaviour order as a result of which an individual

support order was made ceases to have effect, the individual support

order (if it has not previously ceased to have effect) ceases to have effect

20

when the anti-social behaviour order does.

(6)   

On an application made by complaint by—

(a)   

the person subject to an individual support order, or

(b)   

the responsible officer,

   

the court which made the individual support order may vary or

25

discharge it by a further order.

(7)   

If the anti-social behaviour order as a result of which an individual

support order was made is varied, the court varying the anti-social

behaviour order may by a further order vary or discharge the

individual support order.”

30

295     

Individual support orders: consequential amendments

(1)   

The Crime and Disorder Act 1998 (c. 37) is amended as mentioned in

subsections (2) to (5).

(2)   

In section 4 of that Act (appeals against orders)—

(a)   

in subsection (1) after “an anti-social behaviour order” there is inserted

35

“, an individual support order”, and

(b)   

in subsection (3) after “1(8)” there is inserted “, 1AB(6)”.

(3)   

In section 18(1) of that Act (interpretation of Chapter 1)—

(a)   

after the definition of “curfew notice” there is inserted—

   

““individual support order” has the meaning given by section

40

1AA(2) above;”, and

(b)   

in the definition of “responsible officer”, before paragraph (a) there is

inserted—

“(za)   

in relation to an individual support order, has the

meaning given by section 1AA(10) above;”.

45

 

 

Criminal Justice Bill
Part 12 — Miscellaneous

180

 

(4)   

In section 18(4) of that Act (cases where social worker or member of a youth

offending team to give supervision or directions)—

(a)   

after “directions under” there is inserted “an individual support order

or”, and

(b)   

for “the child or, as the case may be, the parent” there is substituted “the

5

child, defendant or parent, as the case may be,”.

(5)   

In section 38 of that Act (local provision of youth justice services), in subsection

(4)(f) after “in relation to” there is inserted “individual support orders,”.

(6)   

In section 143(2) (provisions in which sums may be altered) of the Magistrates’

Courts Act 1980 (c. 43), after paragraph (d) there is inserted—

10

“(da)   

section 1AB(3) of the Crime and Disorder Act 1998 (failure to

comply with individual support order);”.

Parenting orders and referral orders

296     

Parenting orders and referral orders

Schedule 32 (parenting orders and referral orders) shall have effect.

15

Assessing etc. risks posed by sexual or violent offenders

297     

Arrangements for assessing etc risks posed by certain offenders

(1)   

In this section—

   

“relevant sexual or violent offender” has the meaning given by section

299;

20

   

“responsible authority”, in relation to any area, means the chief officer of

police, the local probation board for that area and the Minister of the

Crown exercising functions in relation to prisons, acting jointly.

(2)   

The responsible authority for each area must establish arrangements for the

purpose of assessing and managing the risks posed in that area by—

25

(a)   

relevant sexual and violent offenders, and

(b)   

other persons who, by reason of offences committed by them (wherever

committed), are considered by the responsible authority to be persons

who may cause serious harm to the public.

(3)   

In establishing those arrangements, the responsible authority must act in co-

30

operation with the persons specified in subsection (6); and it is the duty of

those persons to co-operate in the establishment by the responsible authority

of those arrangements, to the extent that such co-operation is compatible with

the exercise by those persons of their functions under any other enactment.

(4)   

Co-operation under subsection (3) may include the exchange of information.

35

(5)   

The responsible authority for each area (“the relevant area”) and the persons

specified in subsection (6) must together draw up a memorandum setting out

the ways in which they are to co-operate.

(6)   

The persons referred to in subsections (3) and (5) are—

(a)   

every youth offending team established for an area any part of which

40

falls within the relevant area,

 

 

Criminal Justice Bill
Part 12 — Miscellaneous

181

 

(b)   

the Ministers of the Crown exercising functions in relation to social

security, child support, war pensions, employment and training,

(c)   

every local education authority any part of whose area falls within the

relevant area,

(d)   

every local housing authority or social services authority any part of

5

whose area falls within the relevant area,

(e)   

every registered social landlord which provides or manages residential

accommodation in the relevant area in which persons falling within

subsection (2)(a) or (b) reside or may reside,

(f)   

every Health Authority or Strategic Health Authority any part of

10

whose area falls within the relevant area,

(g)   

every Primary Care Trust or Local Health Board any part of whose area

falls within the relevant area,

(h)   

every NHS trust any part of whose area falls within the relevant area,

and

15

(i)   

every person who is designated by the Secretary of State by order for

the purposes of this paragraph as a provider of electronic monitoring

services.

(7)   

The Secretary of State may by order amend subsection (6) by adding or

removing any person or description of person.

20

(8)   

The Secretary of State may issue guidance to responsible authorities on the

discharge of the functions conferred by this section and section 298.

(9)   

In this section—

   

“local education authority” has the same meaning as in the Education Act

1996 (c. 56);

25

   

“local housing authority” has the same meaning as in the Housing Act

1985 (c. 68);

   

“Minister of the Crown” has the same meaning as in the Ministers of the

Crown Act 1975 (c. 26);

   

“NHS trust” has the same meaning as in the National Health Service Act

30

1977 (c. 49);

   

“prison” has the same meaning as in the Prison Act 1952 (c. 52);

   

“registered social landlord” has the same meaning as in Part 1 of the

Housing Act 1996 (c. 52);

   

“social services authority” means a local authority for the purposes of the

35

Local Authority Social Services Act 1970 (c. 42).

298     

Review of arrangements

(1)   

The responsible authority for each area must keep the arrangements

established by it under section 297 under review with a view to monitoring

their effectiveness and making any changes to them that appear necessary or

40

expedient.

(2)   

The responsible authority for any area must exercise their functions under

subsection (1) in consultation with persons appointed by the Secretary of State

as lay advisers in relation to that authority.

(3)   

The Secretary of State must appoint two lay advisers under subsection (2) in

45

relation to each responsible authority.

 

 

 
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