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Criminal Justice Bill


Criminal Justice Bill
Schedule 11 — Breach or amendment of suspended sentence order, and effect of further conviction
Part 2 — Breach of community requirement or conviction of further offence

277

 

commit him to custody or release him on bail until he can be brought or

appear before the Crown Court.

      (7)  

A magistrates’ court which deals with an offender’s case under sub-

paragraph (6) must send to the Crown Court—

(a)   

a certificate signed by a justice of the peace certifying that the

5

offender has failed to comply with the community requirements of

the suspended sentence order in the respect specified in the

certificate, and

(b)   

such other particulars of the case as may be desirable;

           

and a certificate purporting to be so signed is admissible as evidence of the

10

failure before the Crown Court.

      (8)  

In proceedings before the Crown Court under this paragraph any question

whether the offender has failed to comply with the community

requirements of the suspended sentence order and any question whether the

offender has been convicted of an offence committed during the operational

15

period of the suspended sentence is to be determined by the court and not

by the verdict of a jury.

Further provisions as to order that suspended sentence is to take effect

9     (1)  

When making an order under paragraph 8(2)(a) or (b) that a sentence is to

take effect (with or without any variation of the original term and custodial

20

period), the court—

(a)   

must also make a custody plus order, and

(b)   

may order that the sentence is to take effect immediately or that the

term of that sentence is to commence on the expiry of another term

of imprisonment passed on the offender by that or another court.

25

      (2)  

The power to make an order under sub-paragraph (1)(b) has effect subject to

section 237 (restriction on consecutive sentences for released prisoners).

      (3)  

For the purpose of any enactment conferring rights of appeal in criminal

cases, any order made by the court under paragraph 8(2)(a) or (b) is to be

treated as a sentence passed on the offender by that court for the offence for

30

which the suspended sentence was passed.

Restriction of powers in paragraph 8 where treatment required

10    (1)  

An offender who is required by any of the following community

requirements of a suspended sentence order—

(a)   

a mental health treatment requirement,

35

(b)   

a drug rehabilitation requirement, or

(c)   

an alcohol treatment requirement,

           

to submit to treatment for his mental condition, or his dependency on or

propensity to misuse drugs or alcohol, is not to be treated for the purposes

of paragraph 8(1)(a) as having failed to comply with that requirement on the

40

ground only that he had refused to undergo any surgical, electrical or other

treatment if, in the opinion of the court, his refusal was reasonable having

regard to all the circumstances.

      (2)  

A court may not under paragraph 8(2)(c)(i) amend a mental health treatment

requirement, a drug rehabilitation requirement or an alcohol treatment

45

requirement unless the offender expresses his willingness to comply with

the requirement as amended.

 

 

Criminal Justice Bill
Schedule 11 — Breach or amendment of suspended sentence order, and effect of further conviction
Part 2 — Breach of community requirement or conviction of further offence

278

 

Court by which suspended sentence may be dealt with under paragraph 8(1)(b)

11    (1)  

An offender may be dealt with under paragraph 8(1)(b) in respect of a

suspended sentence by the Crown Court or, where the sentence was passed

by a magistrates’ court, by any magistrates’ court before which he appears

or is brought.

5

      (2)  

Where an offender is convicted by a magistrates’ court of any offence and

the court is satisfied that the offence was committed during the operational

period of a suspended sentence passed by the Crown Court—

(a)   

the court may, if it thinks fit, commit him in custody or on bail to the

Crown Court, and

10

(b)   

if it does not, must give written notice of the conviction to the

appropriate officer of the Crown Court.

Procedure where court convicting of further offence does not deal with suspended sentence

12    (1)  

If it appears to the Crown Court, where that court has jurisdiction in

accordance with sub-paragraph (2), or to a justice of the peace having

15

jurisdiction in accordance with that sub-paragraph—

(a)   

that an offender has been convicted in the United Kingdom of an

offence committed during the operational period of a suspended

sentence, and

(b)   

that he has not been dealt with in respect of the suspended sentence,

20

           

that court or justice may, subject to the following provisions of this

paragraph, issue a summons requiring the offender to appear at the place

and time specified in it, or a warrant for his arrest.

      (2)  

Jurisdiction for the purposes of sub-paragraph (1) may be exercised—

(a)   

if the suspended sentence was passed by the Crown Court, by that

25

court;

(b)   

if it was passed by a magistrates’ court, by a justice acting for the

petty sessions area for which that court acted.

      (3)  

Where—

(a)   

an offender is convicted in Scotland or Northern Ireland of an

30

offence, and

(b)   

the court is informed that the offence was committed during the

operational period of a suspended sentence passed in England or

Wales,

           

the court must give written notice of the conviction to the appropriate officer

35

of the court by which the suspended sentence was passed.

      (4)  

Unless he is acting in consequence of a notice under sub-paragraph (3), a

justice of the peace may not issue a summons under this paragraph except

on information and may not issue a warrant under this paragraph except on

information in writing and on oath.

40

      (5)  

A summons or warrant issued under this paragraph must direct the

offender to appear or be brought before the court by which the suspended

sentence was passed.

 

 

Criminal Justice Bill
Schedule 11 — Breach or amendment of suspended sentence order, and effect of further conviction
Part 3 — Amendment of suspended sentence order

279

 

Part 3

Amendment of suspended sentence order

Cancellation of community requirements of suspended sentence order

13    (1)  

Where at any time while a suspended sentence order is in force, it appears

to the appropriate court on the application of the offender or the responsible

5

officer that, having regard to the circumstances which have arisen since the

order was made, it would be in the interests of justice to do so, the court may

cancel the community requirements of the suspended sentence order.

      (2)  

The circumstances in which the appropriate court may exercise its power

under sub-paragraph (1) include the offender’s making good progress or his

10

responding satisfactorily to supervision.

      (3)  

In this paragraph “the appropriate court” means—

(a)   

in the case of a suspended sentence order which is subject to review,

the court responsible for the order,

(b)   

in the case of a suspended sentence order which was made by the

15

Crown Court and does not include any direction that any failure to

comply with the community requirements of the order is to be dealt

with by a magistrates’ court, the Crown Court, and

(c)   

in any other case, a magistrates’ court acting for the petty sessions

area concerned.

20

Amendment by reason of change of residence

14    (1)  

This paragraph applies where, at any time while a suspended sentence order

is in force, the appropriate court is satisfied that the offender proposes to

change, or has changed, his residence from the petty sessions area concerned

to another petty sessions area.

25

      (2)  

Subject to sub-paragraphs (3) and (4), the appropriate court may, and on the

application of the responsible officer must, amend the suspended sentence

order by substituting the other petty sessions area for the area specified in

the order.

      (3)  

The court may not amend under this paragraph a suspended sentence order

30

which contains requirements which, in the opinion of the court, cannot be

complied with unless the offender resides in the petty sessions area

concerned unless, in accordance with paragraph 15 it either—

(a)   

cancels those requirements, or

(b)   

substitutes for those requirements other requirements which can be

35

complied with if the offender does not reside in that area.

      (4)  

The court may not amend under this paragraph any suspended sentence

order imposing a programme requirement unless it appears to the court that

the accredited programme specified in the requirement is available in the

other petty sessions area.

40

      (5)  

In this paragraph “the appropriate court” has the same meaning as in

paragraph 13.

 

 

Criminal Justice Bill
Schedule 11 — Breach or amendment of suspended sentence order, and effect of further conviction
Part 3 — Amendment of suspended sentence order

280

 

Amendment of community requirements of suspended sentence order

15    (1)  

At any time during the supervision period, the appropriate court may, on

the application of the offender or the responsible officer, by order amend

any community requirement of a suspended sentence order—

(a)   

by cancelling the requirement, or

5

(b)   

by replacing it with a requirement of the same kind, which the court

could include if it were then making the order.

      (2)  

For the purposes of sub-paragraph (1)—

(a)   

a requirement falling within any paragraph of section 162(1) is of the

same kind as any other requirement falling within that paragraph,

10

and

(b)   

an electronic monitoring requirement is a requirement of the same

kind as any requirement falling within section 162(1) to which it

relates.

      (3)  

The court may not under this paragraph amend a mental health treatment

15

requirement, a drug rehabilitation requirement or an alcohol treatment

requirement unless the offender expresses his willingness to comply with

the requirement as amended.

      (4)  

If the offender fails to express his willingness to comply with a mental health

treatment requirement, drug rehabilitation requirement or alcohol

20

treatment requirement as proposed to be amended by the court under this

paragraph, the court may—

(a)   

revoke 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 suspended

25

sentence was imposed, in any way in which it could deal with him if

he had just been convicted by or before the court of the offence.

      (5)  

In dealing with the offender under sub-paragraph (4)(b), the court must take

into account the extent to which the offender has complied with the

requirements of the order.

30

      (6)  

In this paragraph “the appropriate court” has the same meaning as in

paragraph 13.

Amendment of treatment requirements on report of practitioner

16    (1)  

Where the medical practitioner or other person by whom or under whose

direction an offender is, in pursuance of any requirement to which this sub-

35

paragraph applies, being treated for his mental condition or his dependency

on or propensity to misuse drugs or alcohol—

(a)   

is of the opinion mentioned in sub-paragraph (3), or

(b)   

is for any reason unwilling to continue to treat or direct the treatment

of the offender,

40

           

he must make a report in writing to that effect to the responsible officer and

that officer must apply under paragraph 15 to the appropriate court for the

variation or cancellation of the requirement.

      (2)  

The requirements to which sub-paragraph (1) applies are—

(a)   

a mental health treatment requirement,

45

(b)   

a drug rehabilitation requirement, and

(c)   

an alcohol treatment requirement.

 

 

Criminal Justice Bill
Schedule 11 — Breach or amendment of suspended sentence order, and effect of further conviction
Part 3 — Amendment of suspended sentence order

281

 

      (3)  

The opinion referred to in sub-paragraph (1) is—

(a)   

that the treatment of the offender should be continued beyond the

period specified in that behalf in the order,

(b)   

that the offender needs different treatment,

(c)   

that the offender is not susceptible to treatment, or

5

(d)   

that the offender does not require further treatment.

      (4)  

In this paragraph “the appropriate court” has the same meaning as in

paragraph 13.

Amendment in relation to review of drug rehabilitation requirement

17         

Where the responsible officer is of the opinion that a suspended sentence

10

order imposing a drug rehabilitation requirement which is subject to review

should be so amended as to provide for each periodic review (required by

section 183) to be made without a hearing instead of at a review hearing, or

vice versa, he must apply under paragraph 15 to the court responsible for the

order for the variation of the order.

15

Extension of unpaid work requirement

18    (1)  

Where—

(a)   

a suspended sentence order imposing an unpaid work requirement

is in force in respect of the offender, and

(b)   

on the application of the offender or the responsible officer, it

20

appears to the appropriate court that it would be in the interests of

justice to do so having regard to circumstances which have arisen

since the order was made,

           

the court may, in relation to the order, extend the period of twelve months

specified in section 172(2).

25

      (2)  

In this paragraph “the appropriate court” has the same meaning as in

paragraph 13.

Supplementary

19    (1)  

No application may be made under paragraph 13, 15 or 18, and no order

may be made under paragraph 14, while an appeal against the suspended

30

sentence is pending.

      (2)  

Sub-paragraph (1) does not apply to an application under paragraph 15

which—

(a)   

relates to a mental health treatment requirement, a drug

rehabilitation requirement or an alcohol treatment requirement, and

35

(b)   

is made by the responsible officer with the consent of the offender.

20    (1)  

Subject to sub-paragraph (2), where a court proposes to exercise its powers

under paragraph 15, otherwise than on the application of the offender, the

court—

(a)   

must summon him to appear before the court, and

40

(b)   

if he does not appear in answer to the summons, may issue a warrant

for his arrest.

      (2)  

This paragraph does not apply to an order cancelling any community

requirement of a suspended sentence order.

 

 

Criminal Justice Bill
Schedule 12 — Transfer of suspended sentence orders to Scotland or Northern Ireland
Part 1 — Scotland

282

 

21         

Paragraphs 8(2)(c) and 15(1)(b) have effect subject to the provisions

mentioned in subsection (2) of section 162, and to subsections (3) and (5) of

that section.

22    (1)  

On the making under this Schedule of an order amending a suspended

sentence order, the proper officer of the court must—

5

(a)   

provide copies of the amending order to the offender and the

responsible officer,

(b)   

in the case of an amending order which substitutes a new petty

sessions area, provide a copy of the amending order to—

(i)   

the local probation board acting for that area, and

10

(ii)   

the magistrates’ court acting for that area, and

(c)   

in the case of an amending order which imposes or amends a

requirement specified in the first column of Schedule 13, provide a

copy of so much of the amending order as relates to that requirement

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

15

column of that Schedule.

      (2)  

Where under sub-paragraph (1)(b) the proper officer of the court provides a

copy of an amending order to a magistrates’ court acting for a different area,

the officer must also provide to that court such documents and information

relating to the case as it considers likely to be of assistance to a court acting

20

for that area in the exercise of its functions in relation to the order.

      (3)  

In this paragraph “proper officer” means—

(a)   

in relation to a magistrates’ court, the justices’ chief executive for the

court; and

(b)   

in relation to the Crown Court, the appropriate officer.

25

Schedule 12

Section 166

 

Transfer of suspended sentence orders to Scotland or Northern Ireland

Part 1

Scotland

1     (1)  

Where the court considering the making of a suspended sentence order is

30

satisfied that the offender resides in Scotland, or will reside there when the

order comes into force, the court may not make a suspended sentence order

in respect of the offender unless it appears to the court—

(a)   

in the case of an order imposing a requirement mentioned in sub-

paragraph (2), that arrangements exist for persons to comply with

35

such a requirement in the locality in Scotland in which the offender

resides, or will be residing when the order comes into force, and that

provision can be made for him to comply with the requirement

under those arrangements, and

(b)   

in any case, that suitable arrangements for his supervision can be

40

made by the local authority in whose area he resides, or will be

residing when the order comes into force.

      (2)  

The requirements referred to in sub-paragraph (1)(a) are—

(a)   

an unpaid work requirement,

 

 

Criminal Justice Bill
Schedule 12 — Transfer of suspended sentence orders to Scotland or Northern Ireland
Part 1 — Scotland

283

 

(b)   

an activity requirement,

(c)   

a programme requirement,

(d)   

a mental health treatment requirement,

(e)   

a drug rehabilitation requirement,

(f)   

an alcohol treatment requirement, and

5

(g)   

an electronic monitoring requirement.

      (3)  

Where—

(a)   

the appropriate court for the purposes of paragraph 14 of Schedule

11 (amendment by reason of change of residence) is satisfied that an

offender in respect of whom a suspended sentence order is in force

10

proposes to reside or is residing in Scotland, and

(b)   

it appears to the court that the conditions in sub-paragraph (1)(a) and

(b) are satisfied,

           

the power of the court to amend the order under Part 3 of Schedule 11

includes power to amend it by requiring it to be complied with in Scotland

15

and the offender to be supervised in accordance with the arrangements

referred to in sub-paragraph (1)(b).

      (4)  

For the purposes of sub-paragraph (3), any reference in sub-paragraph (1)(a)

and (b) to the time when the order comes into force is to be treated as a

reference to the time when the amendment comes into force.

20

      (5)  

The court may not by virtue of sub-paragraph (1) or (3) require an

attendance centre requirement to be complied with in Scotland.

      (6)  

The court may not provide for an order made in accordance with this

paragraph to be subject to review under section 163 or 182; and where an

order which is subject to review under either of those sections is amended in

25

accordance with this paragraph, the order shall cease to be so subject.

2          

A suspended sentence order made or amended in accordance with

paragraph 1 must—

(a)   

specify the local authority area in which the offender resides or will

be residing when the order or amendment comes into force, and

30

(b)   

require the local authority for that area to appoint or assign an officer

who will be responsible for discharging in relation to him the

functions conferred on responsible officers by Part 11 of this Act;

           

and section 188 (petty sessions area to be specified) does not apply in

relation to an order so made or amended.

35

3     (1)  

Where a court makes or amends a suspended sentence order in accordance

with paragraph 1, the court must provide the relevant documents to—

(a)   

the local authority for the area specified in the order, and

(b)   

the sheriff court having jurisdiction in the locality in which the

offender resides or proposes to reside;

40

           

and paragraphs (b) to (d) of subsection (1) of section 191 (provision of copies

of relevant orders) do not apply in relation to an order so made or amended.

      (2)  

In this paragraph, “the relevant documents” means—

(a)   

a copy of the order as made or amended, and

(b)   

such other documents and information relating to the case as the

45

court making or amending the order considers likely to be of

assistance.

 

 

 
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