Criminal Justice and Immigration Bill

House of Lords

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Part 2 — Sentencing
28

(ii)
if the offender is being dealt with by the court for the
offence and any connected offence, to at least one of
those offences; and
(c)
subsection (2A), (2B) or (2C) below is satisfied in relation to the
offender.
5
(2A)
This subsection is satisfied in relation to the offender if the offender has
never been convicted by or before a court in the United Kingdom (“a
UK court”) of any offence other than the offence and any connected
offence.
(2B)
This subsection is satisfied in relation to the offender if the offender has
10
been dealt with by a UK court for any offence other than the offence and
any connected offence on only one previous occasion, but was not
referred to a youth offender panel under section 16 above on that
occasion.
(2C)
This subsection is satisfied in relation to the offender if—
15
(a)
the offender has been dealt with by a UK court for any offence
other than the offence and any connected offence on one or
more previous occasions, but has been referred to a youth
offender panel under section 16 above on only one previous
occasion;
20
(b)
an appropriate officer recommends to the court as suitable for
the offender a referral to a youth offender panel under that
section in respect of the offence; and
(c)
the court considers that there are exceptional circumstances
which justify ordering the offender to be so referred.
25
(2D)
In subsection (2C)(b) above “appropriate officer” means—
(a)
a member of a youth offending team;
(b)
an officer of a local probation board; or
(c)
an officer of a provider of probation services.”
(4)
Omit subsection (5).
30
35
Power to revoke a referral order
(1)
Part 3 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (mandatory
and discretionary referral of young offenders) is amended as follows.
(2)
After section 27 insert—
“Referrals back to court in the interests of justice
35
27A
Revocation of referral order where offender making good progress etc.
(1)
This section applies where, having regard to circumstances which have
arisen since a youth offender contract took effect under section 23
above, it appears to the youth offender panel to be in the interests of
justice for the referral order (or each of the referral orders) to be
40
revoked.
(2)
The panel may refer the offender back to the appropriate court
requesting it—

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Part 2 — Sentencing
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(a)
to exercise only the power conferred by sub-paragraph (2) of
paragraph 5 of Schedule 1 to this Act to revoke the order (or
each of the orders); or
(b)
to exercise both—
(i)
the power conferred by that sub-paragraph to revoke
5
the order (or each of the orders); and
(ii)
the power conferred by sub-paragraph (4) of that
paragraph to deal with the offender for the offence in
respect of which the revoked order was made.
(3)
The circumstances in which the panel may make a referral under
10
subsection (2) above include the offender’s making good progress
under the contract.
(4)
Where—
(a)
the panel makes a referral under subsection (2) above in relation
to any offender and any youth offender contract, and
15
(b)
the appropriate court decides not to exercise the power
conferred by paragraph 5(2) of Schedule 1 to this Act in
consequence of that referral,

the panel may not make a further referral under that subsection in
relation to that offender and contract during the relevant period except
20
with the consent of the appropriate court.
(5)
In subsection (4) above “the relevant period” means the period of 3
months beginning with the date on which the appropriate court made
the decision mentioned in paragraph (b) of that subsection.”
(3)
In paragraph 1(1) of Schedule 1 (youth offender panels: further court
25
proceedings), for “or 27(4)” substitute “, 27(4) or 27A(2)”.
36
Extension of period for which young offender contract has effect
(1)
Part 3 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (mandatory
and discretionary referral of young offenders) is amended as follows.
(2)
After section 27A (as inserted by section 35 above) insert—
30
“27B
Extension of period for which young offender contract has effect
(1)
This section applies where at any time—
(a)
a youth offender contract has taken effect under section 23
above for a period which is less than twelve months;
(b)
that period has not ended; and
35
(c)
having regard to circumstances which have arisen since the
contract took effect, it appears to the youth offender panel to be
in the interests of justice for the length of that period to be
extended.
(2)
The panel may refer the offender back to the appropriate court
40
requesting it to extend the length of that period.
(3)
The requested period of extension must not exceed three months.”
(3)
In Schedule 1 (youth offender panels: further court proceedings), after Part 1

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Part 2 — Sentencing
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insert—
“Part 1ZA
Referral back to appropriate court: extension of period for which
contract has effect
Introductory
5
9ZB   (1)
This Part of this Schedule applies where a youth offender panel
refers an offender back to the appropriate court under section 27B of
this Act with a view to the court extending the period for which the
offender’s youth offender contract has effect.
      (2)
For the purposes of this Part of this Schedule and that section the
10
appropriate court is—
(a)
in the case of an offender aged under 18 at the time when (in
pursuance of the referral back) the offender first appears
before the court, a youth court acting in the local justice area
in which it appears to the youth offender panel that the
15
offender resides or will reside; and
(b)
otherwise, a magistrates’ court (other than a youth court)
acting in that area.
Mode of referral back to court
9ZC
The panel shall make the referral by sending a report to the
20
appropriate court explaining why the offender is being referred back
to it.
Power of court
9ZD   (1)
If it appears to the appropriate court that it would be in the interests
of justice to do so having regard to circumstances which have arisen
25
since the contract took effect, the court may make an order extending
the length of the period for which the contract has effect.
      (2)
An order under sub-paragraph (1) above—
(a)
must not extend that period by more than three months; and
(b)
must not so extend that period as to cause it to exceed twelve
30
months.
      (3)
In deciding whether to make an order under sub-paragraph (1)
above, the court shall have regard to the extent of the offender’s
compliance with the terms of the contract.
      (4)
The court may not make an order under sub-paragraph (1) above
35
unless—
(a)
the offender is present before it; and
(b)
the contract has effect at the time of the order.

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Part 2 — Sentencing
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Supplementary
9ZE
The following paragraphs of Part 1 of this Schedule apply for the
purposes of this Part of this Schedule as they apply for the purposes
of that Part—
(a)
paragraph 3 (bringing the offender before the court);
5
(b)
paragraph 4 (detention and remand of arrested offender);
and
(c)
paragraph 9ZA (power to adjourn hearing and remand
offender).”
Enforcement of sentences
10
37
Imposition of unpaid work requirement for breach of community order
(1)
Part 2 of Schedule 8 to the Criminal Justice Act 2003 (c. 44) (breach of
community order) is amended as follows.
(2)
In paragraph 9 (powers of magistrates’ court) after sub-paragraph (3) insert—
   “(3A)
Where—
15
(a)
the court is dealing with the offender under sub-paragraph
(1)(a), and
(b)
the community order does not contain an unpaid work
requirement,

section 199(2)(a) applies in relation to the inclusion of such a
20
requirement as if for “40” there were substituted “20”.”
(3)
In paragraph 10 (powers of Crown Court) after sub-paragraph (3) insert—
   “(3A)
Where—
(a)
the court is dealing with the offender under sub-paragraph
(1)(a), and
25
(b)
the community order does not contain an unpaid work
requirement,

section 199(2)(a) applies in relation to the inclusion of such a
requirement as if for “40” there were substituted “20”.”
38
Youth default orders
30
(1)
Subsection (2) applies in any case where, in respect of a person aged under 18,
a magistrates’ court would, but for section 89 of the Powers of Criminal Courts
(Sentencing) Act 2000 (c. 6) (restrictions on custodial sentences), have power to
issue a warrant of commitment for default in paying a sum adjudged to be paid
by a conviction (other than a sum ordered to be paid under section 6 of the
35
Proceeds of Crime Act 2002 (c. 29)).
(2)
The magistrates’ court may, instead of proceeding under section 81 of the
Magistrates’ Courts Act 1980 (enforcement of fines imposed on young
offender), order the person in default to comply with—
(a)
in the case of a person aged 16 or 17, an unpaid work requirement (see
40
paragraph 10 of Schedule 1),
(b)
an attendance centre requirement (see paragraph 12 of that Schedule),
or

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(c)
a curfew requirement (see paragraph 14 of that Schedule).
(3)
In this section (and Schedule 7) “youth default order” means an order under
subsection (2).
(4)
Section 1(2) and paragraph 2 of Schedule 1 (power or requirement to impose
electronic monitoring requirement) have effect in relation to a youth default
5
order as they have effect in relation to a youth rehabilitation order.
(5)
Where a magistrates’ court has power to make a youth default order, it may, if
it thinks it expedient to do so, postpone the making of the order until such time
and on such conditions (if any) as it thinks just.
(6)
The following provisions have effect in relation to youth default orders as they
10
have effect in relation to youth rehabilitation orders, but subject to the
modifications contained in Schedule 7—
(a)
sections 4, 5 and 7,
(b)
paragraphs 1, 10, 12, 14, 26, 27, 29, 33 and 34 of Schedule 1 (youth
rehabilitation orders: further provisions),
15
(c)
Schedule 2 (breach, revocation or amendment of youth rehabilitation
orders), and
(d)
Schedule 3 (transfer of youth rehabilitation orders to Northern Ireland).
(7)
Where a youth default order has been made for default in paying any sum—
(a)
on payment of the whole sum to any person authorised to receive it, the
20
order ceases to have effect, and
(b)
on payment of a part of the sum to any such person, the total number
of hours or days to which the order relates is to be taken to be reduced
by a proportion corresponding to that which the part paid bears to the
whole sum.
25
(8)
In calculating any reduction required by subsection (7)(b), any fraction of a day
or hour is to be disregarded.
39
Power to impose attendance centre requirement on fine defaulter
(1)
Section 300 of the Criminal Justice Act 2003 (c. 44) (power to impose unpaid
work requirement or curfew requirement on fine defaulter) is amended as
30
follows.
(2)
In the heading for “or curfew requirement” substitute “curfew requirement or
attendance centre requirement”.
(3)
In subsection (2), at the end of paragraph (b) insert “, or
(c)
in a case where the person is aged under 25, an attendance
35
centre requirement (as defined by section 214)”.
40
Disclosure of information for enforcing fines
(1)
Part 3 of Schedule 5 to the Courts Act 2003 (c. 39) (attachment of earnings
orders and applications for benefit deductions) is amended as follows.

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(2)
After paragraph 9 insert—
“Disclosure of information in connection with application for benefit deductions
9A    (1)
The designated officer for a magistrates’ court may make an
information request to the Secretary of State for the purpose of
facilitating the making of a decision by the court as to whether it is
5
practicable or appropriate to make an application for benefit
deductions in respect of P.
      (2)
An information request is a request for the disclosure of some or all
of the following information—
(a)
P’s full name;
10
(b)
P’s address (or any of P’s addresses);
(c)
P’s date of birth;
(d)
P’s national insurance number;
(e)
P’s benefit status.
      (3)
On receiving an information request, the Secretary of State may
15
disclose the information requested to—
(a)
the officer who made the request, or
(b)
a justices’ clerk specified in the request.
Restrictions on disclosure
9B    (1)
A person to whom information is disclosed under paragraph 9A(3),
20
or this sub-paragraph, may disclose the information to any person to
whom its disclosure is necessary or expedient in connection with
facilitating the making of a decision by the court as to whether it is
practicable or appropriate to make an application for benefit
deductions in respect of P.
25
      (2)
A person to whom such information is disclosed commits an offence
if the person—
(a)
discloses or uses the information, and
(b)
the disclosure is not authorised by sub-paragraph (1) or (as
the case may be) the use is not for the purpose of facilitating
30
the making of such a decision as is mentioned in that sub-
paragraph.
      (3)
But it is not an offence under sub-paragraph (2)—
(a)
to disclose any information in accordance with any
enactment or order of a court or for the purposes of any
35
proceedings before a court; or
(b)
to disclose any information which has previously been
lawfully disclosed to the public.
      (4)
It is a defence for a person charged with an offence under sub-
paragraph (2) to prove that the person reasonably believed that the
40
disclosure or use was lawful.
      (5)
A person guilty of an offence under sub-paragraph (2) is liable on
summary conviction to a fine not exceeding level 4 on the standard
scale.

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Part 3 — Appeals
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Paragraphs 9A and 9B: supplementary
9C    (1)
This paragraph applies for the purposes of paragraphs 9A and 9B.
      (2)
“Benefit status”, in relation to P, means whether or not P is in receipt
of any prescribed benefit or benefits and, if so (in the case of each
benefit)—
5
(a)
which benefit it is,
(b)
where it is already subject to deductions under any
enactment, the nature of the deductions concerned, and
(c)
the amount received by P by way of the benefit, after
allowing for any such deductions.
10
      (3)
“Information” means information held in any form.
      (4)
“Prescribed” means prescribed by regulations made by the Lord
Chancellor.
      (5)
Nothing in paragraph 9A or 9B authorises the making of a disclosure
which contravenes the Data Protection Act 1998.”
15
Part 3
Appeals
Appeals by defendant
41
Power of Court of Appeal to disregard developments in the law: England and
Wales
20
(1)
The Criminal Appeal Act 1968 (c. 19) is amended as follows.
(2)
In section 2 (appeals against conviction), after subsection (1) insert—
“(1A)
In determining for the purposes of subsection (1)(a) whether the
conviction is unsafe the Court may, if they think it appropriate in all the
circumstances of the case, disregard any development in the law since
25
the date of the conviction.”
(3)
In section 13 (disposal of appeals against verdict of not guilty by reason of
insanity), after subsection (1) insert—
“(1A)
In determining for the purposes of subsection (1)(a) whether the verdict
is unsafe the Court may, if they think it appropriate in all the
30
circumstances of the case, disregard any development in the law since
the date of the verdict.”
(4)
In section 16 (disposal of appeals against finding of disability), after subsection
(1) insert—
“(1A)
In determining for the purposes of subsection (1)(a) whether a finding
35
is unsafe the Court may, if they think it appropriate in all the
circumstances of the case, disregard any development in the law since
the date of the finding.”