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Criminal Justice Bill


Criminal Justice Bill
Schedule 22 — Deferment of sentence

319

 

Transferred life prisoners

18         

In relation to an existing prisoner who immediately before the

commencement date is a transferred life prisoner for the purposes of section

33 of the Crime (Sentences) Act 1997 (c. 43), this Schedule is to be read as if—

(a)   

any certificate under subsection (2) of that section were a notification

5

falling within paragraph 2(a) of this Schedule, and

(b)   

references to any recommendation of the trial judge or the Lord

Chief Justice were omitted.

Schedule 22

Section 250

 

Deferment of sentence

10

1          

For sections 1 and 2 of the Sentencing Act (deferment of sentence) there is

substituted—

“Deferment of sentence

1       

Deferment of sentence

(1)   

The Crown Court or a magistrates’ court may defer passing sentence

15

on an offender for the purpose of enabling the court, or any other

court to which it falls to deal with him, to have regard in dealing with

him to—

(a)   

his conduct after conviction (including, where appropriate,

the making by him of reparation for his offence); or

20

(b)   

any change in his circumstances;

but this is subject to subsections (3) and (4) below.

(2)   

Without prejudice to the generality of subsection (1) above, the

matters to which the court to which it falls to deal with the offender

may have regard by virtue of paragraph (a) of that subsection

25

include the extent to which the offender has complied with any

requirements imposed under subsection (3)(b) below.

(3)   

The power conferred by subsection (1) above shall be exercisable

only if—

(a)   

the offender consents;

30

(b)   

the offender undertakes to comply with any requirements as

to his conduct during the period of the deferment that the

court considers it appropriate to impose; and

(c)   

the court is satisfied, having regard to the nature of the

offence and the character and circumstances of the offender,

35

that it would be in the interests of justice to exercise the

power.

(4)   

Any deferment under this section shall be until such date as may be

specified by the court, not being more than six months after the date

on which the deferment is announced by the court; and, subject to

40

section 1D(3) below, where the passing of sentence has been deferred

under this section it shall not be further so deferred.

 

 

Criminal Justice Bill
Schedule 22 — Deferment of sentence

320

 

(5)   

Where a court has under this section deferred passing sentence on an

offender, it shall forthwith give a copy of the order deferring the

passing of sentence and setting out any requirements imposed under

subsection (3)(b) above—

(a)   

to the offender,

5

(b)   

where an officer of a local probation board has been

appointed to act as a supervisor in relation to him, to that

board, and

(c)   

where a person has been appointed under section 1A(2)(b)

below to act as a supervisor in relation to him, to that person.

10

(6)   

Notwithstanding any enactment, a court which under this section

defers passing sentence on an offender shall not on the same

occasion remand him.

(7)   

Where—

(a)   

a court which under this section has deferred passing

15

sentence on an offender proposes to deal with him on the

date originally specified by the court, or

(b)   

the offender does not appear on the day so specified,

   

the court may issue a summons requiring him to appear before the

court at a time and place specified in the summons, or may issue a

20

warrant to arrest him and bring him before the court at a time and

place specified in the warrant.

(8)   

Nothing in this section or sections 1A to 1D below shall affect—

(a)   

the power of the Crown Court to bind over an offender to

come up for judgment when called upon; or

25

(b)   

the power of any court to defer passing sentence for any

purpose for which it may lawfully do so apart from this

section.

1A      

Further provision about undertakings

(1)   

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

30

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.

(2)   

Where an offender has undertaken to comply with any requirements

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

35

(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.

(3)   

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

without his consent.

40

(4)   

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

above—

(a)   

to monitor the offender’s compliance with the requirements;

and

(b)   

to provide the court to which it falls to deal with the offender

45

in respect of the offence in question with such information as

 

 

Criminal Justice Bill
Schedule 22 — Deferment of sentence

321

 

the court may require relating to the offender’s compliance

with the requirements.

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

5

deferment if—

(a)   

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

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

10

connection with the deferment.

(2)   

Subsection (3) below applies where—

(a)   

a court has under section 1 above deferred passing sentence

on an offender;

(b)   

the offender undertook to comply with one or more

15

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

connection with the deferment; and

(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

20

of those requirements.

(3)   

Where this subsection applies, the court may issue—

(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

25

time and place specified in the warrant.

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

30

any offence.

(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”).

35

(3)   

Where this subsection applies, then (without prejudice to subsection

(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

40

passing of sentence has been deferred, except that—

(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

45

the court which deferred passing sentence was a magistrates’

 

 

Criminal Justice Bill
Schedule 22 — Deferment of sentence

322

 

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

5

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.

10

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

15

(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

20

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

25

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

(b)   

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

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

30

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

sentence.

(3)   

Where—

(a)   

the passing of sentence on an offender in respect of one or

more offences has been deferred under section 1 above, and

35

(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,

   

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

40

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

more offences has been deferred under section 1 above;

(b)   

it falls to a magistrates’ court to determine a relevant matter;

45

and

(c)   

a justice of the peace is satisfied—

 

 

Criminal Justice Bill
Schedule 23 — Drug treatment and testing requirement in action plan order or supervision order

323

 

(i)   

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

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

5

witness.

(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

10

relevant matter if it—

(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,

15

whether the offender has failed to comply with any

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),”.

20

Schedule 23

Section 251

 

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

action plan orders and directions) is amended as follows.

25

      (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

misuse, drugs, and

30

(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

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

35

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.

(4C)   

The required treatment shall be—

40

(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;

 

 

Criminal Justice Bill
Schedule 23 — Drug treatment and testing requirement in action plan order or supervision order

324

 

   

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—

5

(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

10

(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

15

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

20

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.

25

(4F)   

A testing requirement shall not be included in an action plan order

by virtue of subsection (4E) above unless—

(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

30

arrangements for implementing such requirements are in

force in the area proposed to be specified in the order

(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

35

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

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.

40

      (2)  

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

      (3)  

After paragraph 6 there is inserted—

“Requirements as to drug treatment and testing

6A    (1)  

This paragraph applies where a court proposing to make a

supervision order is satisfied—

45

 

 

Criminal Justice Bill
Schedule 23 — Drug treatment and testing requirement in action plan order or supervision order

325

 

(a)   

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

misuse, drugs, and

(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

5

supervision order a requirement that the offender shall, for a

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

10

offender’s dependency on or propensity to misuse drugs.

     (3)   

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,

15

and at such intervals, as may be so specified;

           

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

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—

20

(a)   

in any case, unless—

(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

25

required to submit to treatment as a resident), and

(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

30

(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

a treatment requirement may also include a requirement (“a

testing requirement”) that, for the purpose of ascertaining

35

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

determined by the supervisor or the treatment provider, provide

samples of such description as may be so determined.

40

      (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

inclusion, and

(b)   

the court has been notified by the Secretary of State that

45

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

number of occasions on which samples are to be provided.

 

 

 
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Revised 13 November 2003