HL Deb 02 November 2004 vol 666 cc290-5

63 After Schedule 2, insert the following new schedule—

"PROCEDURE ON BR EACH OF COMMUNITY PENALTY ETC

Interpretation

1 In this Schedule— the Sentencing Act" means the Powers of Criminal Courts (Sentencing) Act 2000 (c.6); the 2003 Act" means the Criminal Justice Act 2003 (c.44).

Detention and training orders

2 (1) Section 104 of the Sentencing Act (breach of supervision requirements of detention and training order) is amended as follows.

(2) In subsection (1) (issue of summons or warrant by justice of the peace)—

  1. (a) omit the words "acting for a relevant petty sessions area";
  2. (b) in paragraph (a), omit the words "before a youth court acting for the area";
  3. (c) in paragraph (b), omit the words "requiring him to be brought before such a court".

(3) For subsection (2) substitute—

"(2) Any summons or warrant issued under this section shall direct the offender to appear or be brought—

  1. (a) before a youth court acting for the petty sessions area in which the offender resides; or
  2. (b) if it is not known where the offender resides, before a youth court acting for same petty sessions area as the justice who issued the summons or warrant."

Suspended sentence supervision orders

3 (1) Section 123 of the Sentencing Act (breach of requirement of suspended sentence supervision order) is amended as follows.

(2) In subsection (1) (issue of summons or warrant by justice of the peace) omit the words "acting for the petty sessions area for the time being specified in the order".

(3) For subsection (2) substitute—

"(2) Any summons or warrant issued under this section shall direct the offender to appear or be brought—

  1. (a) before a magistrates' court for the petty sessions area in which the offender resides; or
  2. (b) if it is not known where the offender resides, before a magistrates' court acting for the petty sessions area for the time being specified in the suspended sentence supervision order."

(4) After subsection (4) insert—

"(5) Where a magistrates' court dealing with an offender under this section would not otherwise have the power to amend the suspended sentence supervision order under section 124(3) below (amendment by reason of change of residence), that provision has effect as if the reference to a magistrates' court acting for the petty sessions area for the time being specified in the suspended sentence supervision order were a reference to the court dealing with the offender."

Community' orders under the Sentencing Act

4 (1) Schedule 3 to the Sentencing Act (breach, revocation and amendment of certain community orders), as it has effect on the day on which this Act is passed, is amended as follows.

(2) In paragraph 3(1) (issue of summons or warrant by justice of the peace) omit the words "acting for the petty sessions area concerned".

(3) In paragraph 3(2) (court before which offender to appear or be brought), for paragraph (c) substitute— (c) in the case of a relevant order which is not an order to which paragraph (a) or (b) applies, before a magistrates' court acting for the petty sessions area in which the offender resides or, if it is not known where he resides, before a magistrates' court acting for the petty sessions area concerned.

(4) In paragraph 4 (powers of magistrates' court to deal with breach), after sub-paragraph (3) insert—

"(3A) Where a magistrates' court dealing with an offender under sub-paragraph (1)(a), (b) or (c) above would not otherwise have the power to amend the relevant order under paragraph18 below (amendment by reason of change of residence), that paragraph has effect as if the reference to a magistrates' court acting for the petty sessions area concerned were a reference to the court dealing with the offender."

Curfew orders and exclusion orders

5 (1) Schedule 3 to the Sentencing Act (breach, revocation and amendment of curfew orders and exclusion orders), as substituted by paragraph 125 of Schedule 32 to the 2003 Act, is amended as follows.

(2) In paragraph 3(1) (issue of summons or warrant by justice of the peace) omit the words "acting for the petty sessions area concerned".

(3) In paragraph 3(2) (court before which offender to appear or be brought), for paragraph (b) substitute— (b) in the case of a relevant order which is not an order to which paragraph (a) above applies, before a magistrates' court acting for the petty sessions area in which the offender resides or, if it is not known where he resides, before a magistrates' court acting for the petty sessions area concerned.

(4) In paragraph 4 (powers of magistrates' court to deal with breach), after sub-paragraph (4) insert—

"(4A) Where a magistrates' court dealing with an offender under sub-paragraph (2)(a) or (b) above would not otherwise have the power to amend the relevant order under paragraph15 below (amendment by reason of change of residence), that paragraph has effect as if the reference to a magistrates' court acting for the petty sessions area concerned were a reference to the court dealing with the offender."

Attendance centre orders

6 (1) Schedule 5 to the Sentencing Act (breach, revocation and amendment of attendance centre orders) is amended as follows.

(2) In paragraph 1(1) (issue of summons or warrant by justice of the peace), omit the words—

  1. (a) "acting for a relevant petty sessions area";
  2. (b) "before a magistrates' court acting for the area";
  3. (c) "requiring him to be brought before such a court".

(3) For paragraph 1(2) substitute—

"(2) Any summons or warrant issued under this paragraph shall direct the offender to appear or be brought—

  1. (a) before a magistrates' court acting for the petty sessions area in which the offender resides; or
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  2. (b) if it is not known where the offender resides, before a magistrates' court acting for the petty sessions area in which is situated the attendance centre which the offender is required to attend by the order or by virtue of an order under paragraph 5(1)(b) below."

(4) In paragraph 2 (powers of magistrates' court to deal with breach), after sub-paragraph (5) insert—

"(5A) Where a magistrates' court dealing with an offender under sub-paragraph (1)(a) above would not otherwise have the power to amend the order under paragraph5(1)(b) below (substitution of different attendance centre), that paragraph has effect as if references to an appropriate magistrates' court were references to the court dealing with the offender."

Community' orders under the 2003 Act

7 (1) Schedule 8 to the 2003 Act (breach, revocation or amendment of community order) is amended as follows.

(2) In paragraph 7(2) (issue of summons or warrant by justice of the peace) omit the words "acting for the petty sessions area concerned".

(3) In paragraph 7(3) (court before which offender to appear or be brought), for paragraph (b) substitute— (b) in any other case, before a magistrates' court acting for the petty sessions area in which the offender resides or, if it is not known where he resides, before a magistrates' court acting for the petty sessions area concerned.

(4) In paragraph 9 (powers of magistrates' court to deal with breach), after sub-paragraph (5) insert—

"(5A) Where a magistrates' court dealing with an offender under sub-paragraph (1)(a) would not otherwise have the power to amend the community order under paragraph 16 (amendment by reason of change of residence), that paragraph has effect as if the references to the appropriate court were references to the court dealing with the offender."

(5) In paragraph 27 (provision of copies of orders), at the end of sub-paragraph (1)(c) insert ", and

  1. (d) where the court acts for a petty sessions area other than the one specified in the order prior to the revocation or amendment, provide a copy of the revoking or amending order to a magistrates' court acting for the area so specified."

Suspended sentence orders under the 2003 Act

8 (1) Schedule 12 to the 2003 Act (breach or amendment of suspended sentence order, and effect of further conviction) is amended as follows.

(2) In paragraph 6(2) (issue of summons or warrant by justice of the peace) omit the words "acting for the petty sessions area concerned".

(3) In paragraph 6(3) (court before which offender to appear or be brought), for paragraph (b) substitute— (b) in any other case, before a magistrates' court acting for the petty sessions area in which the offender resides or, if it is not known where he resides, before a magistrates' court acting for the petty sessions area concerned.

(4) In paragraph 8 (powers of magistrates' court to deal with breach), after sub-paragraph (4) insert—

"(4A) Where a magistrates' court dealing with an offender under sub-paragraph (2)(c) would not otherwise have the power to amend the suspended sentence order under paragraph 14 (amendment by reason of change of residence), that paragraph has effect as if the references to the appropriate court were references to the court dealing with the offender."

(5) In paragraph 22 (provision of copies of orders), at the end of sub-paragraph (1)(c) insert ", and (d) where the court acts for a petty sessions area other than the one specified in the order prior to the revocation or amendment, provide a copy of the revoking or amending order to a magistrates' court acting for the area so specified.

9 In Schedule 13 to the 2003 Act (transfer of suspended sentence orders to Scotland or Northern Ireland), in paragraph 12 (modifications of Schedule 12), after sub-paragraph (5) insert—

"(5A) In paragraph 6(3)(b), the words "before a magistrates' court acting for the petty sessions area in which the offender resides or, if it is not known where he resides," are omitted."

Local justice areas

10 The power conferred by section 109(5)(b) of the Courts Act 2003 (c.39) to amend or repeal any enactment, other than one contained in an Act passed in a later session, includes power to amend any such enactment as amended by this Schedule, but only for the purpose of making consequential provision in connection with the establishment of local justice areas under section 8 of that Act."

64 Schedule 4, page 31, line 23, after "by" insert "any of these"

65 page 31, leave out lines 27 to 29 and insert— (b) sections (Victims of persons sentenced to imprisonment or detention) to (Victims of persons subject to transfer direction and restriction direction) of that Act (duties of local probation boards in connection with victims of sexual or violent offences).

66 Schedule 6, page 36, line 32, at end insert— 12A The National Criminal Intelligence Service. 12B The National Crime Squad.

67 page 37, line 2, at end insert— 13A The Ministry of Defence Police.

68 Schedule 7, page 37, line 27, at end insert—

"Colonial Prisoners Removal Act 1884 (c. 31)

In section 10 of the Colonial Prisoners Removal Act 1884 (application of Act to removal of criminal lunatics), in subsection (3), in paragraph (a) for the words from "give" to the end substitute "by warrant direct that he is to be detained in such hospital, within the meaning given by section 145(1) of the Mental Health Act 1983, as may be specified in the direction; and any such direction shall have the same effect as a hospital order under section 37 of that Act together with a restriction order under section 41 of that Act, made without limitation of time;".".

69 page 38, line 32, at end insert—

"Rehabilitation of Wenders Act 1974 (c. 53)

In section 1(3) of the Rehabilitation of Offenders Act 1974 (meaning of "sentence" for the purposes of that Act), after "other than" insert— (za) a surcharge imposed under section 161A of the Criminal Justice Act 2003;".

70 page 38, line 32, at end insert—

"Magistrates' Courts Act 1980 (c. 43)

In section 108 of the Magistrates' Courts Act 1980 (right of appeal to Crown Court), after subsection (3) insert—

"(4) Subsection (3)(d) above does not prevent an appeal against a surcharge imposed under section 161A of the Criminal Justice Act 2003."

In section 139 of that Act (disposal of sums adjudged to be paid by conviction)—

  1. (a) after paragraph (a) insert—
  2. "(aa) in the second place in payment to the fund mentioned in paragraph (c) below of surcharges imposed under section 161A of the Criminal Justice Act 2003;";
  3. (b) in paragraph (b), for "second" substitute "third"."

71 page 38, leave out line 34 and insert— In section 13A of the Criminal Appeal (Northern Ireland) Act 1980 (appeal against finding of unfitness to be tried), in subsection (1), for "the jury has returned" substitute "there has been". In section 19(IA)(a) of that Act

72 page 39, line 4, at end insert— In section 81 of that Act (power of Crown Court to grant bail), in subsection (1A), for "or 15" substitute ", 15 or 16A".

73 page 39, line 11, at end insert—

"Representation of the People Act 1983 (e. 2)

10A In section 3A of the Representation of the People Act 1983 (disenfranchisement of offenders detained in mental hospitals), for subsection (5) substitute—

"(5) As respects any part of the United Kingdom, this section applies to any person in respect of whom a hospital order has been made by virtue of—

  1. (a) section 116A of the Army Act 1955 or the Air Force Act 1955 or section 63A of the Naval Discipline Act 1957, or
  2. (b) section 16 or 23 of the Courts-Martial (Appeals) Act 1968.""

74 page 39, line 12, at end insert— In section 47 of the Mental Health Act 1983 (removal to hospital of persons serving sentences of imprisonment, etc), in subsection (5)(a), for the words "under any enactment to which section 46 applies" substitute "made in consequence of a finding of insanity or unfitness to stand trial".

75 page 39, line 19, leave out "omit paragraph (b) of subsection (1)" and insert "in subsection (1)—

  1. (a) for paragraph (a) substitute—
  2. "(a) is treated by virtue of any enactment as subject to a hospital order and a restriction order; or";
  3. (b) omit paragraph (b)"

76 page 39, line 20, at end insert— In section 84 of that Act (removal to England and Wales of offenders found insane in Channel Islands and Isle of Man), in subsection (2), for the words from "had been" to the end substit ute "were subject to a hospital order together with a restriction order, made without limitation of time".

(1) Schedule 5 to that Act (transitional and saving provisions) is amended as follows.

(2) For paragraph 21 substitute— 21 Any direction to which section 71(4) of the Mental Health Act 1959 applied immediately before the commencement of this Act shall have the same effect as a hospital order together with a restriction order, made without limitation of time.

(3) In paragraph 37(2), for "direction under section 46 of this Act" substitute "hospital order together with a restriction order, made without limitation of time"."

77 page 40, line 27, at end insert—

"Criminal Justice Act 1991 (c. 53)

In section 24 of the Criminal Justice Act 1991 (recovery of fines etc by deductions from income support), after subsection (3) insert— (3A) This section applies in relation to a surcharge imposed under section 161A of the Criminal Justice Act 2003 as if any reference in subsection (1) or (3) above to a fine included a reference to a surcharge."

78 page 40, line 32, at end insert— In section 10 of that Act (which makes equivalent provision for Northern Ireland), in subsection (7), for the words "a jury in Northern Ireland has returned' substitute "in Northern Ireland there has been".

Baroness Scotland of Asthal

My Lords, I beg to move, That the House do agree with the Commons in their Amendments Nos. 63 to 78.

Moved, That the House do agree with the Commons in their Amendments Nos. 63 to 78. (Baroness Scotland of Asthal.)

On Question, Motion agreed to.