SCHEDULE 16Dealing non-custodially with offenders
Part 1Community orders: punitive elements
F11
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F12
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F13
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F14
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Part 2Deferring the passing of sentence to allow for restorative justice
F15
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F16
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F17
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Part 3Removal of limits on compensation orders made against adults
F18
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9
In section 33B(5) of the Environmental Protection Act 1990 (limit on compensation in relation to conviction for certain environmental offences) after “payable” insert “
in case of young offender
”
.
F210
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Part 4Electronic monitoring of offenders
11
The Criminal Justice Act 2003 is amended as follows.
F312
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F413
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14
In section 192(3)(b) (reviews of suspended sentence order)—
(a)
after “electronic monitoring requirement” insert “
within section 215(1)(a)
”
, and
(b)
for “190(1)” substitute “
190(1)(a) to (l)
”
.
15
In section 197(1)(a) (meaning of “the responsible officer” where curfew or exclusion requirement imposed)—
(a)
in sub-paragraph (i)—
(i)
for “177(1)” substitute “
177(1)(a) to (l)
”
, and
(ii)
for “190(1)” substitute “
190(1)(a) to (l)
”
, and
(b)
in sub-paragraph (ii) after “requirement” insert “
within section 215(1)(a)
”
.
F516
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F517
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F518
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F519
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F520
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F521
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Part 5Community orders: further provision
Breaches of community orders
F522
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Community order not to be made in case of knife etc offence attracting minimum sentence
F523
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Part 6Statements of assets and other financial circumstances of offenders etc
Financial circumstances orders
F524
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Further amendments
25
In section 84 of the Magistrates' Courts Act 1980 (court's power to require statement of means)—
(a)
in subsection (1) (court may require statement of means before or on inquiring into means under section 82) for “means”, in the second place, substitute “
assets and other financial circumstances
”
, and
(b)
in the title for “means” substitute “
assets and other financial circumstances
”
.
26
In section 20A of the Criminal Justice Act 1991 (false statements as to financial circumstances)—
(a)
in subsection (1) (person charged with offence commits further offence if person responds to official request by making false statement etc as to financial circumstances) for “his financial circumstances” substitute “
financial circumstances (whether a statement of assets, of other financial circumstances or of both)
”
, and
(b)
in subsection (1A) (person charged with offence commits further offence if person fails to provide statement of financial circumstances in response to official request) for “his financial circumstances in response to” substitute “
financial circumstances (whether a statement of assets, of other financial circumstances or of both) requested by
”
.
27
In section 13B of the Crime and Disorder Act 1998 (parental compensation orders: the compensation)—
(a)
in subsection (4) (provision by parent or guardian of statement of financial circumstances) after “statement of his” insert “
assets and other
”
, and
(b)
in subsection (6) (provision of false statement) omit “of his financial circumstances”.
28
(1)
The Courts Act 2003 is amended as follows.
(2)
In paragraph 48 of Schedule 5 (offences relating to provision of information as to financial circumstances)—
(a)
in sub-paragraph (1) (person commits offence if person responds to relevant request by making false statement etc as to financial circumstances) for “his financial circumstances” substitute “
financial circumstances (whether a statement of assets, of other financial circumstances or of both)
”
,
(b)
in sub-paragraph (3) (person commits offence if person fails to provide statement of financial circumstances in response to relevant request) for “statement of his financial circumstances to a fines officer in response to” substitute “
fines officer with a statement of financial circumstances (whether a statement of assets, of other financial circumstances or of both) requested by
”
, and
(c)
in sub-paragraph (5) (meaning of “relevant request”), in the opening words, after “information about P's financial circumstances” insert “
(whether about P's assets, P's other financial circumstances or both)
”
.
(3)
In paragraph 2 of Schedule 6 (cases in which work order may be made)—
(a)
in sub-paragraph (3) (magistrates' court considering making work order may order person to give statement of means) for “means” substitute “
assets and other financial circumstances
”
, and
(b)
in sub-paragraph (4) (application of section 84(2) and (4) of the Magistrates' Courts Act 1980) for “means” substitute “
assets and other financial circumstances
”
.
Part 7Information to enable a court to deal with an offender
Power to disclose information
29
(1)
The Secretary of State or a Northern Ireland Department, or a person providing services to the Secretary of State or a Northern Ireland Department, may disclose social security information to a relevant person.
(2)
Her Majesty's Revenue and Customs, or a person providing services to the Commissioners for Her Majesty's Revenue and Customs, may disclose finances information to a relevant person.
(3)
The disclosure authorised by sub-paragraph (1) or (2) is disclosure of the information concerned for use by a court that, in connection with dealing with a person (“the defendant”) for an offence, is inquiring into or determining the defendant's financial circumstances.
(4)
Sub-paragraphs (1) and (2) do not authorise disclosure in a particular case at a time when the defendant is under 18.
(5)
Information disclosed to a relevant person under sub-paragraph (1) or (2) or paragraph (a)(ii)—
(a)
must not be further disclosed by the relevant person except—
(i)
to a court that, in connection with dealing with the defendant for the offence, is inquiring into or determining the defendant's financial circumstances, or
(ii)
to another relevant person who wants social security information or finances information in order that it can be put before a court that, in connection with dealing with the defendant for the offence, is inquiring into or determining the defendant's financial circumstances, and
(b)
must not be used by the relevant person otherwise than for the purpose of disclosing it as mentioned in paragraph (a)(i) or (ii).
(6)
Sub-paragraphs (1), (2) and (5)(a) not only authorise disclosure after conviction of the defendant but also authorise disclosure at any time after the defendant is first charged with the offence.
(7)
Sub-paragraph (5) does not prohibit—
(a)
disclosure to the defendant, or to a person representing the defendant in any proceedings in connection with the offence;
(b)
disclosure or use of information which is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it;
(c)
disclosure or use of information which has previously been disclosed to the public with lawful authority;
(d)
disclosure or use of information so far as necessary to comply with—
(i)
an order of a court,
(ii)
an order of a tribunal established by or under an Act, or
(iii)
a duty imposed by or under an Act.
(8)
In sub-paragraph (7) “court” means any court, but elsewhere in this paragraph “court” means—
(a)
a magistrates' court, or the Crown Court, in England and Wales,
(b)
the Court Martial, the Service Civilian Court or the Summary Appeal Court, or
(c)
any court hearing an appeal (including an appeal by case stated) from a court within paragraph (a) or (b).
(9)
In this paragraph—
“finances information” means information which—
(a)
is about a person's income, gains or capital, and
(b)
is held—
- (i)
by Her Majesty's Revenue and Customs, or
- (ii)
by a person providing services to the Commissioners for Her Majesty's Revenue and Customs in connection with the provision of those services,
or information which is held with information so held;
“relevant person” means—
(a)
a person who is appointed by the Lord Chancellor under section 2(1) of the Courts Act 2003 or provided under a contract made by virtue of section 2(4) of that Act,
(b)
a person who is a member of or on the staff of the Service Prosecuting Authority, or
(c)
a person not within paragraph (b) who is, or who is assisting, a person engaged to represent the Service Prosecuting Authority in proceedings before a court;
“Service Prosecuting Authority” means—
(a)
the Director of Service Prosecutions, and
(b)
the persons appointed under section 365 of the Armed Forces Act 2006 (prosecuting officers);
“social security information” means information which is held for the purposes of functions relating to social security—
(a)
by the Secretary of State or a Northern Ireland Department, or
(b)
by a person providing services to the Secretary of State, or a Northern Ireland Department, in connection with the provision of those services,
or information which is held with information so held.
(10)
The reference in sub-paragraph (9) to functions relating to social security includes a reference to functions relating to any of the matters listed in section 127(8) of the Welfare Reform Act 2012 (statutory payments and maternity allowances).
Offence where information wrongly used or disclosed
30
(1)
It is an offence for a person to disclose or use information in contravention of paragraph 29(5).
(2)
It is a defence for a person charged with an offence under sub-paragraph (1) to prove that the person reasonably believed that the disclosure or use concerned was lawful.
(3)
A person guilty of an offence under sub-paragraph (1) is liable—
(a)
on conviction on indictment—
(i)
to imprisonment for a term not exceeding 2 years, or
(ii)
to a fine, or
(iii)
to both;
(b)
on summary conviction—
(i)
to imprisonment for a period not exceeding 12 months F6or the general limit in a magistrates’ court, or
(ii)
to a fine not exceeding the statutory maximum, or
(iii)
to both.
(4)
Sub-paragraph (3)(b) applies—
(a)
in England and Wales in relation to offences committed before F72 May 2022, and
(b)
in Northern Ireland,
as if the reference to 12 months F8or the general limit in a magistrates’ court were a reference to 6 months.
(5)
A prosecution for an offence under sub-paragraph (1)—
(a)
may be instituted in England and Wales only by or with the consent of the Director of Public Prosecutions, and
(b)
may be instituted in Northern Ireland only by or with the consent of the Director of Public Prosecutions for Northern Ireland.
Part 8Related amendments in Armed Forces Act 2006
Community orders: punitive elements
31
The Armed Forces Act 2006 is amended as follows.
32
In section 178 (service community orders), in subsection (3) (provisions of the 2003 Act in which “community order” includes a service community order) for “177(3)” substitute “
177(2A)
”
.
33
(1)
Section 182 (overseas community orders) is amended as follows.
(2)
“(3A)
In section 177(2A) and (2B) of the 2003 Act (community orders: punitive elements) “community order” includes an overseas community order if the offender is aged 18 or over when convicted of the offence in respect of which the overseas community order is made.”
(3)
In subsection (5) (provisions of the 2003 Act in which “court” includes a relevant service court) for “those provisions” substitute “
the provisions of the 2003 Act mentioned in subsections (3A) and (4)
”
.
34
“(2A)
Subsection (2) is subject to section 177(2A) of the 2003 Act (community orders: punitive elements) as applied by section 178(3) and section 182(3A).”
35
An amendment made by any of paragraphs 32 to 34 does not affect orders in respect of offences committed before the amendment comes into force.
Removal of limits on compensation orders made against adults
36
(1)
Section 284 of the Armed Forces Act 2006 (Service Civilian Court compensation orders etc: maximum amounts) is amended as follows.
(2)
“(2A)
The following subsections apply if (but only if) the Service Civilian Court has convicted a person aged under 18 (“the offender”) of an offence or offences.”
(3)
In subsection (3) (compensation in respect of an offence not to exceed amount mentioned in section 131(1) of the Powers of Criminal Courts (Sentencing) Act 2000) for “any offence of which the court has convicted the offender” substitute “
the offence, or any one of the offences,
”
.
(4)
Nothing in this paragraph affects orders in respect of offences committed before the day on which this paragraph comes into force.
Electronic monitoring of offenders
37
(1)
The Armed Forces Act 2006 is amended as follows.
(2)
In section 182(1A) (requirements which may not be included in overseas community orders) at the end insert “
or (m) (an electronic monitoring requirement)
”
.
(3)
In section 183(1) (provisions of Criminal Justice Act 2003 which do not apply to overseas community orders) for “section 215” substitute “
sections 215 and 215A
”
.
Statements of assets and other financial circumstances of offenders etc
38
In section 266(2) of the Armed Forces Act 2006 (meaning of “financial statement order”) after “statement of his” insert “
assets and other
”
.