Part III Dealing with offenders
Chapter I Community sentences
Renaming certain community orders
43 Probation orders renamed community rehabilitation orders.
(1)
An order under subsection (1) of section 41 of the Powers of Criminal Courts (Sentencing) Act 2000 (probation orders), whenever made, is to be referred to as a community rehabilitation order.
(2)
References in any enactment, instrument or document to a community rehabilitation order include (where the context allows) an order under any provision corresponding to that subsection which is repealed by that Act.
(3)
Accordingly—
(a)
in subsection (2) of that section, for “ “probation order”” there is substituted “
“community rehabilitation order”
”
, but
(b)
paragraph 1(3) of Schedule 11 to that Act (general transitional provisions) does not apply to that subsection as amended by this.
(4)
References in any enactment, instrument or document to a probation order—
(a)
are to an order under any provision corresponding to section 41(1) of that Act which is repealed by that Act, and
(b)
include (where the context allows) an order under that subsection.
(5)
““community rehabilitation order” has the meaning given by section 43 of the Criminal Justice and Court Services Act 2000”.
44 Community service orders renamed community punishment orders.
(1)
An order under subsection (1) of section 46 of the Powers of Criminal Courts (Sentencing) Act 2000 (community service orders), whenever made, is to be referred to as a community punishment order.
(2)
References in any enactment, instrument or document to a community punishment order include (where the context allows) an order under any provision corresponding to that subsection which is repealed by that Act.
(3)
Accordingly—
(a)
in subsection (2) of that section, for “ “community service order”” there is substituted “
“community punishment order”
”
, but
(b)
paragraph 1(3) of Schedule 11 to that Act (general transitional provisions) does not apply to that subsection as amended by this.
(4)
References in any enactment, instrument or document to a community service order—
(a)
are to an order under any provision corresponding to section 46(1) of that Act which is repealed by that Act, and
(b)
include (where the context allows) an order under that subsection.
(5)
In section 163 of the M1Powers of Criminal Courts (Sentencing) Act 2000 (general definitions), in the definition of “community service order”—
(a)
for “service” there is substituted “
punishment
”
,
(b)
for the words from “means” to the first mention of “above” there is substituted “
has the meaning given by section 44 of the Criminal Justice and Court Services Act 2000
”
,
and that definition is moved to follow the definition of “community order”.
45 Combination orders renamed community punishment and rehabilitation orders.
(1)
An order under subsection (1) of section 51 of the Powers of Criminal Courts (Sentencing) Act 2000 (combination orders), whenever made, is to be referred to as a community punishment and rehabilitation order.
(2)
References in any enactment, instrument or document to a community punishment and rehabilitation order include (where the context allows) an order under any provision corresponding to that subsection which is repealed by that Act.
(3)
Accordingly—
(a)
in subsection (2) of that section, for “ “combination order”” there is substituted “
“community punishment and rehabilitation order”
”
, but
(b)
paragraph 1(3) of Schedule 11 to that Act (general transitional provisions) does not apply to that subsection as amended by this.
(4)
References in any enactment, instrument or document to a combination order—
(a)
are to an order under any provision corresponding to section 51(1) of that Act which is repealed by that Act, and
(b)
include (where the context allows) an order under that subsection.
(5)
““community punishment and rehabilitation order” has the meaning given by section 45 of the Criminal Justice and Court Services Act 2000”.
New community orders
F146 Exclusion orders.
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F247 Drug abstinence orders.
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Miscellaneous
F248 Pre-sentence drug testing.
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F249 Community sentences: drug abstinence requirements.
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F250 Community sentences: curfew requirements.
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F251 Community sentences: exclusion requirements.
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52 Community sentences: electronic monitoring of requirements.
“36B Electronic monitoring of requirements in community orders.
(1)
Subject to subsections (2) to (4) below, a community order may include requirements for securing the electronic monitoring of the offender’s compliance with any other requirements imposed by the order.
(2)
A court shall not include in a community order a requirement under subsection (1) above unless the court—
(a)
has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant areas specified in subsections (7) to (10) below; and
(b)
is satisfied that the necessary provision can be made under those arrangements.
(3)
Where—
(a)
it is proposed to include in an exclusion order a requirement for securing electronic monitoring in accordance with this section; but
(b)
there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring,
the requirement shall not be included in the order without that person’s consent.
(4)
Where—
(a)
it is proposed to include in a community rehabilitation order or a community punishment and rehabilitation order a requirement for securing the electronic monitoring of the offender’s compliance with a requirement such as is mentioned in paragraph 8(1) of Schedule 2 to this Act; but
(b)
there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring,
the requirement shall not be included in the order without that person’s consent.
(5)
An order which includes requirements under subsection (1) above shall include provision for making a person responsible for the monitoring; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.
(6)
The Secretary of State may make rules for regulating—
(a)
the electronic monitoring of compliance with requirements included in a community order; and
(b)
without prejudice to the generality of paragraph (a) above, the functions of persons made responsible for securing the electronic monitoring of compliance with requirements included in the order.
(7)
In the case of a curfew order or an exclusion order, the relevant area is the area in which the place proposed to be specified in the order is situated.
In this subsection, “place”, in relation to an exclusion order, has the same meaning as in section 40A below.
(8)
In the case of a community rehabilitation order or a community punishment and rehabilitation order, the relevant areas are each of the following—
(a)
where it is proposed to include in the order a requirement for securing compliance with a requirement such as is mentioned in sub-paragraph (1) of paragraph 7 of Schedule 2 to this Act, the area mentioned in sub-paragraph (5) of that paragraph;
(b)
where it is proposed to include in the order a requirement for securing compliance with a requirement such as is mentioned in sub-paragraph (1) of paragraph 8 of that Schedule, the area mentioned in sub-paragraph (5) of that paragraph;
(c)
where it is proposed to include in the order a requirement for securing compliance with any other requirement, the area proposed to be specified under section 41(3) below.
(9)
In the case of a community punishment order, a drug treatment and testing order, a drug abstinence order, a supervision order or an action plan order, the relevant area is the petty sessions area proposed to be specified in the order.
(10)
In the case of an attendance centre order, the relevant area is the petty sessions area in which the attendance centre proposed to be specified in the order is situated.”
F353 Breach of community orders: warning and punishment.
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F354 Breach of community orders: failure to answer summons.
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F355 Regulation of community orders.
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Chapter II Miscellaneous
Young offenders: reprimands and warnings
56 Reprimands and warnings.
F4(1)
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(2)
“(b)
that, in respect of any such matter, proceedings may be taken against him or he may be reprimanded or warned under section 65 of the M4Crime and Disorder Act 1998”.
Police powers: drugs
57 Testing persons in police detention.
(1)
The M5Police and Criminal Evidence Act 1984 is amended in accordance with subsections (2) to (4).
(2)
“63B Testing for presence of Class A drugs.
(1)
A sample of urine or a non-intimate sample may be taken from a person in police detention for the purpose of ascertaining whether he has any specified Class A drug in his body if the following conditions are met.
(2)
The first condition is—
(a)
that the person concerned has been charged with a trigger offence; or
(b)
that the person concerned has been charged with an offence and a police officer of at least the rank of inspector, who has reasonable grounds for suspecting that the misuse by that person of any specified Class A drug caused or contributed to the offence, has authorised the sample to be taken.
(3)
The second condition is that the person concerned has attained the age of 18.
(4)
The third condition is that a police officer has requested the person concerned to give the sample.
(5)
Before requesting the person concerned to give a sample, an officer must—
(a)
warn him that if, when so requested, he fails without good cause to do so he may be liable to prosecution, and
(b)
in a case within subsection (2)(b) above, inform him of the giving of the authorisation and of the grounds in question.
(6)
A sample may be taken under this section only by a person prescribed by regulations made by the Secretary of State by statutory instrument.
No regulations shall be made under this subsection unless a draft has been laid before, and approved by resolution of, each House of Parliament.
(7)
Information obtained from a sample taken under this section may be disclosed—
(a)
for the purpose of informing any decision about granting bail in criminal proceedings (within the meaning of the M6Bail Act 1976) to the person concerned;
(b)
where the person concerned is in police detention or is remanded in or committed to custody by an order of a court or has been granted such bail, for the purpose of informing any decision about his supervision;
(c)
where the person concerned is convicted of an offence, for the purpose of informing any decision about the appropriate sentence to be passed by a court and any decision about his supervision or release;
(d)
for the purpose of ensuring that appropriate advice and treatment is made available to the person concerned.
(8)
A person who fails without good cause to give any sample which may be taken from him under this section shall be guilty of an offence.
63C Testing for presence of Class A drugs: supplementary.
(1)
A person guilty of an offence under section 63B above shall be liable on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding level 4 on the standard scale, or to both.
(2)
A police officer may give an authorisation under section 63B above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
(3)
If a sample is taken under section 63B above by virtue of an authorisation, the authorisation and the grounds for the suspicion shall be recorded as soon as is practicable after the sample is taken.
(4)
If the sample is taken from a person detained at a police station, the matters required to be recorded by subsection (3) above shall be recorded in his custody record.
(5)
Subsections (11) and (12) of section 62 above apply for the purposes of section 63B above as they do for the purposes of that section; and section 63B above does not prejudice the generality of sections 62 and 63 above.
(6)
In section 63B above—
“Class A drug” and “misuse” have the same meanings as in the M7Misuse of Drugs Act 1971;
“specified” (in relation to a Class A drug) and “trigger offence” have the same meanings as in Part III of the Criminal Justice and Court Services Act 2000.”
(3)
In section 38 (duties of custody officer after charge)—
(a)
“(iiia)
in the case of a person who has attained the age of 18, the custody officer has reasonable grounds for believing that the detention of the person is necessary to enable a sample to be taken from him under section 63B below”,
(b)
at the end of subsection (2) there is inserted “
but may not authorise a person to be kept in police detention by virtue of subsection (1)(a)(iiia) after the end of the period of six hours beginning when he was charged with the offence
”
.
(4)
“(2)
Codes shall (in particular) include provision in connection with the exercise by police officers of powers under section 63B above.”
F5(5)
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Bail
58 Right to bail: relevance of drug misuse.
“(9)
In taking any decisions required by Part I or II of Schedule 1 to this Act, the considerations to which the court is to have regard include, so far as relevant, any misuse of controlled drugs by the defendant (“controlled drugs” and “misuse” having the same meanings as in the M9Misuse of Drugs Act 1971).”
Detention
59 Remand centres.
In section 43(1) of the M10Prison Act 1952 (places of detention provided by Secretary of State), paragraph (a) (remand centres) is to cease to have effect.
F660 Life sentences: tariffs.
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61 Abolition of sentences of detention in a young offender institution, custody for life, etc.
(1)
No court is to pass a sentence of detention in a young offender institution or a sentence of custody for life, and no court is to make a custodial order except in relation to a person who is aged at least 17 but under 18.
(2)
No court is to commit a person to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention of persons aged at least 18 but under 21 for default or contempt) or make an order fixing a term of detention under that section.
(3)
A person who—
(a)
has been sentenced (before the coming into force of this section) to a term of detention in a young offender institution, to custody for life or to a custodial order, and
(b)
is aged at least 18 but under 21,
may be detained in a young offender institution, or in a prison, determined by the Secretary of State.
(4)
A person—
(a)
who has been committed (before the coming into force of this section) to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 or in respect of whom an order fixing a term of detention under that section has been made (before the coming into force of this section), and
(b)
who is aged under 21,
may be detained in a young offender institution, or in a prison, determined by the Secretary of State.
(5)
A person who has been sentenced to imprisonment and is aged under 21 may be detained—
(a)
in a prison, or
(b)
in a young offender institution in which one or more persons mentioned in subsection (3) or (4) are detained,
determined by the Secretary of State.
(6)
A determination of the Secretary of State under this section may be made in respect of an individual or any description of individuals.
F7(7)
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(8)
In this section—
“court” includes a court-martial and a Standing Civilian Court,
“custodial order” means an order under—
(a)
section 71AA of, or paragraph 10 of Schedule 5A to, the M11Army Act 1955,
(b)
section 71AA of, or paragraph 10 of Schedule 5A to, the M12Air Force Act 1955,
(c)
section 43AA of, or paragraph 10 of Schedule 4A to, the M13Naval Discipline Act 1957.
(9)
On the coming into force of this section—
(a)
paragraph (b) of the definition of “qualifying sentence” in section 30(1), and
(b)
paragraph (b) of the definition of “relevant sentence” in section 69(7),
are omitted.
Release of prisoners on licence etc.
62 Release on licence etc: F8electronic monitoring conditions.
(1)
This section applies where a sentence of imprisonment has been imposed on a person and, by virtue of any enactment—
(a)
the Secretary of State is required to, or may, release the person from prison, and
(b)
the release is required to be, or may be, subject to conditions (whether conditions of a licence or any other conditions, however expressed).
F9(2)
The conditions may include electronic monitoring conditions.
(2A)
An electronic monitoring condition imposed under this section must include provision for making a person responsible for the monitoring.
(2B)
A person may not be made responsible for the monitoring unless the person is of a description specified in an order made by the Secretary of State.
F10(3)
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(4)
The Secretary of State may make rules about the conditions that may be imposed by virtue of this section.
(5)
In this section, “sentence of imprisonment” includes—
(a)
a detention and training order,
(b)
a sentence of detention in a young offender institution,
(c)
a sentence of detention under section 90 of the M14Powers of Criminal Courts (Sentencing) Act 2000 F11or section 259 of the Sentencing Code (detention at Her Majesty’s pleasure),
(d)
(e)
(f)
F21(g)
a sentence of detention under section 209 or 218 of the Armed Forces Act 2006, and
(h)
an order under section 211 of that Act,
and “prison” shall be construed accordingly.
F22(5A)
In this section “electronic monitoring condition” means a condition requiring the person to submit to either or both of the following—
(a)
electronic monitoring of the person's compliance with another condition of release, and
(b)
electronic monitoring of the person's whereabouts (other than for the purpose of monitoring compliance with another condition of release).
F2362ARelease on licence etc: compulsory electronic monitoring conditions
(1)
The Secretary of State may by order provide that the power under section 62 to impose an electronic monitoring condition must be exercised.
(2)
An order under this section may—
(a)
require an electronic monitoring condition to be included for so long as the person's release is required to be, or may be, subject to conditions or for a shorter period;
(b)
make provision generally or in relation to a case described in the order.
(3)
An order under this section may, in particular—
(a)
make provision in relation to cases in which compliance with a condition imposed on a person's release is monitored by a person specified or described in the order;
(b)
make provision in relation to persons selected on the basis of criteria specified in the order or on a sampling basis;
(c)
make provision by reference to whether a person specified in the order is satisfied of a matter.
(4)
An order under this section may not make provision about a case in which the sentence imposed on the person is—
(a)
a detention and training order,
(b)
(c)
a sentence of detention under section 209 of the Armed Forces Act 2006 (detention of offenders under 18 convicted of certain offences), or
(d)
an order under section 211 of that Act.
(5)
In this section, “electronic monitoring condition” has the same meaning as in section 62.
62BData from electronic monitoring: code of practice
(1)
The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of monitoring persons under electronic monitoring conditions imposed under section 62.
(2)
A failure to observe a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.
F2663 Supervision of young offenders after release.
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64 Release on licence etc: drug testing requirements.
(1)
This section applies where—
(a)
the Secretary of State releases from prison a person aged 18 or over on whom a sentence of imprisonment has been imposed F27...
(b)
the release is subject to conditions (whether conditions of a licence or any other conditions, however expressed) F28, and
(c)
the Secretary of State is satisfied of the matters in subsection (1A).
F29(1A)
Those matters are—
(a)
that the misuse by the person of a specified class A drug or a specified class B drug caused or contributed to an offence of which the person has been convicted or is likely to cause or contribute to the commission of further offences by the person, and
(b)
that the person is dependent on, or has a propensity to misuse, a specified class A drug or a specified class B drug.
(2)
For the purpose of determining whether the person is complying with any of the conditions F30mentioned in subsection (1)(b), they may include the following requirement.
(3)
The requirement is that the person must provide, when instructed to do so by an officer of a local probation board F31, an officer of a provider of probation services or a person authorised by the Secretary of State, any sample mentioned in the instruction for the purpose of ascertaining whether he has any specified Class A drug F32or specified Class B drug in his body.
(4)
The function of giving such an instruction is to be exercised in accordance with guidance given from time to time by the Secretary of State; and F33rules made by the Secretary of State may regulate the provision of samples in pursuance of such an instruction.
(5)
In this section, “sentence of imprisonment” includes—
(a)
a detention and training order,
(b)
a sentence of detention in a young offender institution,
(c)
a sentence of detention under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 F34or section 259 of the Sentencing Code (detention at Her Majesty’s pleasure),
(d)
(e)
a sentence of custody for life under section 93 or 94 of that Act F37or section 272 or 275 of that Code,
F38(g)
a sentence of detention under section 209 or 218 of the Armed Forces Act 2006, and
(h)
an order under section 211 of that Act,
and “prison” shall be construed accordingly.
F3964ARelease on licence etc: drug appointments
(1)
This section applies where—
(a)
the Secretary of State releases a person serving a sentence of imprisonment (“the offender”) who is aged 18 or over,
(b)
the release is subject to conditions (whether conditions of a licence or any other conditions, however expressed),
(c)
an officer of a provider of probation services has recommended to the Secretary of State that a condition authorised by this section be imposed on the offender, and
(d)
the Secretary of State is satisfied of the matters in subsection (2).
(2)
Those matters are—
(a)
that the misuse by the offender of a controlled drug caused or contributed to an offence of which the offender has been convicted or is likely to cause or contribute to the commission of further offences by the offender,
(b)
that the offender is dependent on, or has a propensity to misuse, a controlled drug,
(c)
that the dependency or propensity requires, and may be susceptible to, treatment, and
(d)
that arrangements have been made, or can be made, for the offender to have treatment.
(3)
The conditions mentioned in subsection (1)(b) may include a condition which requires the offender, in accordance with instructions given by an officer of a provider of probation services, to attend appointments with a view to addressing the offender's dependency on, or propensity to misuse, a controlled drug.
(4)
The condition must specify—
(a)
the person with whom the offender is to meet or under whose direction the appointments are to take place, and
(b)
where the appointments are to take place.
(5)
The person specified under subsection (4)(a) must be a person who has the necessary qualifications or experience.
(6)
The only instructions that an officer of a provider of probation services may give for the purposes of the requirement are instructions as to—
(a)
the duration of each appointment, and
(b)
when each appointment is to take place.
(7)
For the purposes of this section, references to a requirement to attend an appointment do not include a requirement to submit to treatment.
(8)
In this section—
“controlled drug” has the same meaning as in the Misuse of Drugs Act 1971;
“sentence of imprisonment” does not include a detention and training order or an order under section 211 of the Armed Forces Act 2006 but does include—
(a)
a sentence of detention in a young offender institution,
(b)
a sentence of detention under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 F40or section 259 of the Sentencing Code (detention at Her Majesty's pleasure),
(c)
(d)
a sentence of custody for life under section 93 or 94 of that Act F43or section 272 or 275 of that Code (including one passed as a result of section 210A, 217, 218A or 219 of the Armed Forces Act 2006),
(e)
a sentence of detention under section 226, 226B or 228 of the Criminal Justice Act 2003 F44or section 254 of the Sentencing Code (including one passed as a result of section 221, 221A or 222 of the Armed Forces Act 2006),
(f)
a sentence of detention under section 209 of the Armed Forces Act 2006 (detention of offenders under 18 convicted of certain serious offences), and
(g)
a sentence of detention under section 218 of that Act (detention at Her Majesty's pleasure).
65 Short-term prisoners: release subject to curfew conditions.
“(da)
the prisoner is subject to the notification requirements of Part I of the M16Sex Offenders Act 1997;”.
Sexual or violent offenders
F4566 Amendments of the Sex Offenders Act 1997.
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F4667 Arrangements for assessing etc. risks posed by certain offenders.
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F4768 Section 67: interpretation.
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F4869 Duties of local probation boards in connection with victims of certain offences.
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Chapter III Supplementary
70 Interpretation, etc.
(1)
In this Part—
F49“Class A drug” and “ Class B drug” have the same meaning as in the M17Misuse of Drugs Act 1971,
“specified”, in relation to a Class A drug F50or Class B drug, means specified by an order made by the Secretary of State,
“trigger offence” has the meaning given by Schedule 6.
(2)
The Secretary of State may by order amend Schedule 6 so as to add, modify or omit any description of offence.
(3)
In this Part (except in section 69), references to release include temporary release.
(4)
““specified Class A drug” has the same meaning as in Part III of the Criminal Justice and Court Services Act 2000”,
““trigger offence” has the same meaning as in Part III of the Criminal Justice and Court Services Act 2000”.
F51(5)
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