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Criminal Justice Bill


Criminal Justice Bill
Schedule 30 — Amendments relating to sentencing
Part 1 — General

381

 

Part 3

Revocation of order

Revocation of order with or without re-sentencing: powers of magistrates’ court

10    (1)  

This paragraph applies where a relevant order made by a

magistrates’ court is in force in respect of any offender and on the

5

application of the offender or the responsible officer it appears to

the appropriate magistrates’ court that, having regard to

circumstances which have arisen since the order was made, it

would be in the interests of justice—

(a)   

for the order to be revoked; or

10

(b)   

for the offender to be dealt with in some other way for the

offence in respect of which the order was made.

      (2)  

In this paragraph “the appropriate magistrates’ court” means a

magistrates’ court acting for the petty sessions area concerned.

      (3)  

The appropriate magistrates’ court may—

15

(a)   

revoke the order; or

(b)   

both—

(i)   

revoke the order; and

(ii)   

deal with the offender for the offence in respect of

which the order was made, in any way in which he

20

could have been dealt with for that offence by the

court which made the order if the order had not

been made.

      (4)  

In dealing with an offender under sub-paragraph (3)(b) above, a

magistrates’ court shall take into account the extent to which the

25

offender has complied with the requirements of the relevant

order.

      (5)  

A person sentenced under sub-paragraph (3)(b) above for an

offence may appeal to the Crown Court against the sentence.

      (6)  

Where a magistrates’ court proposes to exercise its powers under

30

this paragraph otherwise than on the application of the offender,

it shall summon him to appear before the court and, if he does not

appear in answer to the summons, may issue a warrant for his

arrest.

      (7)  

No application may be made by the offender under sub-

35

paragraph (1) above while an appeal against the relevant order is

pending.

Revocation of order with or without re-sentencing: powers of Crown Court on

conviction etc.

11    (1)  

This paragraph applies where—

40

(a)   

a relevant order made by the Crown Court is in force in

respect of an offender and the offender or the responsible

officer applies to the Crown Court for the order to be

revoked or for the offender to be dealt with in some other

 

 

Criminal Justice Bill
Schedule 30 — Amendments relating to sentencing
Part 1 — General

382

 

way for the offence in respect of which the order was

made; or

(b)   

an offender in respect of whom a relevant order is in force

is convicted of an offence before the Crown Court or,

having been committed by a magistrates’ court to the

5

Crown Court for sentence, is brought or appears before the

Crown Court.

      (2)  

If it appears to the Crown Court to be in the interests of justice to

do so, having regard to circumstances which have arisen since the

order was made, the Crown Court may—

10

(a)   

revoke the order; or

(b)   

both—

(i)   

revoke the order; and

(ii)   

deal with the offender for the offence in respect of

which the order was made, in any way in which he

15

could have been dealt with for that offence by the

court which made the order if the order had not

been made.

      (3)  

In dealing with an offender under sub-paragraph (2)(b) above, the

Crown Court shall take into account the extent to which the

20

offender has complied with the requirements of the relevant

order.

Revocation following custodial sentence by magistrates’ court unconnected with

order

12    (1)  

This paragraph applies where—

25

(a)   

an offender in respect of whom a relevant order is in force

is convicted of an offence by a magistrates’ court

unconnected with the order;

(b)   

the court imposes a custodial sentence on the offender; and

(c)   

it appears to the court, on the application of the offender or

30

the responsible officer, that it would be in the interests of

justice to exercise its powers under this paragraph having

regard to circumstances which have arisen since the order

was made.

      (2)  

In sub-paragraph (1) above “a magistrates’ court unconnected

35

with the order” means a magistrates’ court not acting for the petty

sessions area concerned.

      (3)  

The court may—

(a)   

if the order was made by a magistrates’ court, revoke it;

(b)   

if the order was made by the Crown Court, commit the

40

offender in custody or release him on bail until he can be

brought or appear before the Crown Court.

      (4)  

Where the court deals with an offender’s case under sub-

paragraph (3)(b) above, it shall send to the Crown Court such

particulars of the case as may be desirable.

45

13         

Where by virtue of paragraph 12(3)(b) above an offender is

brought or appears before the Crown Court and it appears to the

Crown Court to be in the interests of justice to do so, having regard

 

 

Criminal Justice Bill
Schedule 30 — Amendments relating to sentencing
Part 1 — General

383

 

to circumstances which have arisen since the relevant order was

made, the Crown Court may revoke the order.

Supplementary

14    (1)  

On the making under this Part of this Schedule of an order

revoking a relevant order, the proper officer of the court shall

5

forthwith give copies of the revoking order to the responsible

officer.

      (2)  

In sub-paragraph (1) above “proper officer” means—

(a)   

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

executive for the court; and

10

(b)   

in relation to the Crown Court, the appropriate officer.

      (3)  

A responsible officer to whom in accordance with sub-paragraph

(1) above copies of a revoking order are given shall give a copy to

the offender and to the person in charge of any institution in which

the offender was required by the order to reside.

15

Part 4

Amendment of order

Amendment by reason of change of residence

15    (1)  

This paragraph applies where, at any time while a relevant order

is in force in respect of an offender, a magistrates’ court acting for

20

the petty sessions area concerned is satisfied that the offender

proposes to change, or has changed, his residence from that petty

sessions area to another petty sessions area.

      (2)  

Subject to sub-paragraph (3) below, the court may, and on the

application of the responsible officer shall, amend the relevant

25

order by substituting the other petty sessions area for the area

specified in the order or, in the case of a curfew order, a place in

that other area for the place so specified.

      (3)  

The court shall not amend under this paragraph a curfew order

which contains requirements which, in the opinion of the court,

30

cannot be complied with unless the offender continues to reside in

the petty sessions area concerned unless, in accordance with

paragraph 16 below, it either—

(a)   

cancels those requirements; or

(b)   

substitutes for those requirements other requirements

35

which can be complied with if the offender ceases to reside

in that area.

Amendment of requirements of order

16    (1)  

Without prejudice to the provisions of paragraph 15 above but

subject to the following provisions of this paragraph, a

40

magistrates’ court acting for the petty sessions area concerned

may, on the application of an eligible person, by order amend a

relevant order—

(a)   

by cancelling any of the requirements of the order; or

 

 

Criminal Justice Bill
Schedule 30 — Amendments relating to sentencing
Part 1 — General

384

 

(b)   

by inserting in the order (either in addition to or in

substitution for any of its requirements) any requirement

which the court could include if it were then making the

order.

      (2)  

A magistrates’ court shall not under sub-paragraph (1) above

5

amend a curfew order by extending the curfew periods beyond

the end of six months from the date of the original order.

      (3)  

A magistrates’ court shall not under sub-paragraph (1) above

amend an exclusion order by extending the period for which the

offender is prohibited from entering the place in question beyond

10

the end of three months from the date of the original order.

      (4)  

For the purposes of this paragraph the eligible persons are—

(a)   

the offender;

(b)   

the responsible officer; and

(c)   

in relation to an exclusion order, any affected person.

15

           

But an application under sub-paragraph (1) by a person such as is

mentioned in paragraph (c) above must be for the cancellation of

a requirement which was included in the order by virtue of his

consent or for the purpose (or partly for the purpose) of protecting

him from being approached by the offender, or for the insertion of

20

a requirement which will, if inserted, be such a requirement.

Supplementary

17         

No order may be made under paragraph 15 above, and no

application may be made under paragraph 16 above, while an

appeal against the relevant order is pending.

25

18    (1)  

Subject to sub-paragraph (2) below, where a court proposes to

exercise its powers under this Part of this Schedule, otherwise than

on the application of the offender, the court—

(a)   

shall summon him to appear before the court; and

(b)   

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

30

a warrant for his arrest.

      (2)  

This paragraph shall not apply to an order cancelling a

requirement of a relevant order or reducing the period of any

requirement, or to an order under paragraph 15 above

substituting a new petty sessions area or a new place for the one

35

specified in a relevant order.

19    (1)  

On the making under this Part of this Schedule of an order

amending a relevant order, the justices’ chief executive for the

court shall forthwith—

(a)   

if the order amends the relevant order otherwise than by

40

substituting, by virtue of paragraph 15 above, a new petty

session area or a new place for the one specified in the

relevant order, give copies of the amending order to the

responsible officer;

(b)   

if the order amends the relevant order in the manner

45

excepted by paragraph (a) above, send to the chief

executive to the justices for the new petty sessions area or,

 

 

Criminal Justice Bill
Schedule 30 — Amendments relating to sentencing
Part 1 — General

385

 

as the case may be, for the petty sessions area in which the

new place is situated—

(i)   

copies of the amending order; and

(ii)   

such documents and information relating to the

case as he considers likely to be of assistance to a

5

court acting for that area in the exercise of its

functions in relation to the order;

           

and in a case falling within paragraph (b) above the chief executive

of the justices for that area shall give copies of the amending order

to the responsible officer.

10

      (2)  

A responsible officer to whom in accordance with sub-paragraph

(1) above copies of an order are given shall give a copy to the

offender and to the person in charge of any institution in which the

offender is or was required by the order to reside.”

125        

In Schedule 5 (breach, revocation and amendment of attendance centre

15

orders)—

(a)   

in paragraph 1(1)(b), for “section 62(3) of this Act” there is

substituted “section 194(1)(d) or (e) of the Criminal Justice Act 2003”,

(b)   

in paragraph 2(5)(b), for “section 79(2) of this Act” there is

substituted “section 124(2) of the Criminal Justice Act 2003”, and

20

(c)   

in paragraph 3(3)(b), for “section 79(2) of this Act” there is

substituted “section 124(2) of the Criminal Justice Act 2003”.

126        

In Schedule 6 (requirements which may be included in supervision

orders)—

(a)   

in paragraph 2(7)(a), after the word “other” there is inserted “youth

25

community order or any”, and

(b)   

in paragraph 3(6)(a), for “community order” there is substituted

“youth community order”.

127        

In Schedule 7 (breach, revocation and amendment of supervision orders)—

(a)   

in paragraph 3—

30

(i)   

in sub-paragraph (2), for “sub-paragraphs (4) and (5)” there is

substituted “sub-paragraph (5)”,

(ii)   

in sub-paragraph (3), for “Sections 35 and 36 of this Act” there

is substituted “Sections 120 and 128 of the Criminal Justice

Act 2003”,

35

(iii)   

sub-paragraph (4) is omitted, and

(iv)   

in sub-paragraph (5)(a), for the words from the beginning to

“and” there is substituted “the power conferred on the court

by each of paragraphs 4(2)(c) and”, and

(b)   

in paragraph 4(3), for “Sections 35 and 36 of this Act” there is

40

substituted “Sections 120 and 128 of the Criminal Justice Act 2003”.

128        

In Schedule 8 (breach, revocation and amendment of action plan orders and

reparation orders)—

(a)   

in paragraph 3—

(i)   

in sub-paragraph (2), for “sub-paragraphs (4) and (5)” there is

45

substituted “sub-paragraph (5)”,

 

 

Criminal Justice Bill
Schedule 30 — Amendments relating to sentencing
Part 1 — General

386

 

(ii)   

in sub-paragraph (3), for “Sections 35 and 36 of this Act” there

is substituted “Sections 120 and 128 of the Criminal Justice

Act 2003”,

(iii)   

sub-paragraph (4) is omitted, and

(iv)   

in sub-paragraph (5)(a), for the words from the beginning to

5

“and” there is substituted “The power conferred on the court

by each of paragraphs 4(2)(c) and”, and

(b)   

in paragraph 4(3), for “Sections 35 and 36 of this Act” there is

substituted “Sections 120 and 128 of the Criminal Justice Act 2003”.

Child Support, Pensions and Social Security Act 2000 (c. 19)

10

129        

The Child Support, Pensions and Social Security Act 2000 is amended as

follows.

130   (1)  

Section 62 (loss of benefit for breach of community order) is amended as

follows.

      (2)  

In subsection (8), for the definition of “relevant community order” there is

15

substituted—

   

““relevant community order” means—

(a)   

a community order made under section 149 of the

Criminal Justice Act 2003; or

(b)   

any order falling in England or Wales to be treated as

20

such an order.”

      (3)  

In subsection (11)(c)(ii), for “to (e)” there is substituted “and (b)”.

131        

In section 64 (information provision), in subsection (6)(a), after “community

orders” there is inserted “(as defined by section 149 of the Criminal Justice

Act 2003)”.

25

Criminal Justice and Court Services Act 2000 (c. 43)

132        

The Criminal Justice and Court Services Act 2000 is amended as follows.

133        

In section 1 (purposes of Chapter 1 of Part 1 of the Act), in subsection (2)—

(a)   

in paragraph (a), after “community orders” there is inserted “(as

defined by section 149 of the Criminal Justice Act 2003)”, and

30

(b)   

after paragraph (c) there is inserted—

“(d)   

giving effect to suspended sentence orders (as

defined by section 161 of the Criminal Justice Act

2003).”

134   (1)  

Section 62 (release on licence etc: conditions as to monitoring) is amended as

35

follows.

      (2)  

For subsection (3) there is substituted—

“(3)   

In relation to a prisoner released under section 218 of the Criminal

Justice Act 2003 (power to release prisoners on licence before

required to do so), the monitoring referred to in subsection (2)(a)

40

does not include the monitoring of his compliance with conditions

imposed under section 225 of that Act (curfew condition).”

      (3)  

In subsection (5) after paragraph (e) there is inserted “, and

 

 

 
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