Legalize / United Kingdom / Public General Act

Legal Aid, Sentencing and Punishment of Offenders Act 2012

Type Public General Act

Publication 2012-05-01

Last updated 2025-09-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 2

Reform history JSON API

(5) The information that may be prescribed under sub-paragraphs (3)(f) and (4)(h) includes, in particular, information relating to—

(a) prescribed income of a relevant individual for a prescribed period, and

(b) prescribed capital of a relevant individual.

(6) Information may not be prescribed under sub-paragraph (4)(h) without the Commissioners' consent.

(7) The Secretary of State, the relevant Northern Ireland Departments and the Commissioners may disclose to the relevant authority information specified in an information request made under this paragraph.

(8) In this paragraph—

“benefit status”, in relation to an individual, means whether or not the individual is in receipt of a prescribed benefit or benefits and, if so—which benefit or benefits the individual is receiving,whether the individual is entitled to the benefit or benefits alone or jointly,in prescribed cases, the amount the individual is receiving by way of the benefit (or each of the benefits) (“the benefit amount”), andin prescribed cases, where the benefit consists of a number of elements, what those elements are and the amount included in respect of each element in calculating the benefit amount;

“financial resources”, in relation to an individual, includes an individual's means, disposable income and disposable capital;

“the relevant authority” means—a prescribed person, orin relation to circumstances for which no person is prescribed, the Director of Legal Aid Casework designated under section 2 of the Legal Aid and Coroners' Courts Act (Northern Ireland) 2014;

“a relevant individual”, in relation to an information request under this paragraph for the purposes of a determination about an individual's financial resources, means—that individual, andany other individual whose financial resources are or may be relevant for the purposes of the determination;

“relevant Northern Ireland Department” means the Department for Social Development in Northern Ireland or the Department of Finance and Personnel in Northern Ireland.

Restrictions on disclosing information

2

(1) A person to whom information is disclosed under paragraph 1 of this Schedule or this sub-paragraph may disclose the information to any person to whom its disclosure is necessary or expedient in connection with facilitating a determination described in paragraph 1(2).

(2) A person to whom such information is disclosed must not—

(a) disclose the information other than in accordance with sub-paragraph (1), or

(b) use the information other than for the purpose of facilitating a determination described in paragraph 1(2).

(3) Sub-paragraph (2) does not prevent—

(a) the disclosure of information in accordance with an enactment or an order of a court,

(b) the disclosure of information for the purposes of the investigation or prosecution of an offence (or suspected offence) under the law of England and Wales or Northern Ireland or any other jurisdiction, except as otherwise prescribed,

(c) the disclosure of information for the purposes of instituting, or otherwise for the purposes of, proceedings before a court, or

(d) the disclosure of information which has previously been lawfully disclosed to the public.

(4) A person who discloses or uses information in contravention of this paragraph is guilty of an offence and liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both);

(b) on summary conviction—

(i) in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine not exceeding the statutory maximum (or both), and

(ii) in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).

(5) It is a defence for a person charged with an offence under this paragraph to prove that the person reasonably believed that the disclosure or use was lawful.

(6) In this paragraph “enactment” includes—

(a) an enactment contained subordinate legislation (within the meaning of the Interpretation Act 1978), and

(b) an enactment contained in, or in an instrument made under, an Act or Measure of the National Assembly for Wales or Northern Ireland legislation.

(7) In relation to an offence under this paragraph committed before 2 May 2022, the reference in sub-paragraph (4)(b)(i) to the general limit in a magistrates’ court has effect as if it were a reference to 6 months.

Power to make consequential and supplementary provision etc

3

(1) The Department of Justice in Northern Ireland may by regulations make consequential, supplementary, incidental or transitional provision in relation to this Schedule extending to Northern Ireland.

(2) The regulations may, in particular—

(a) amend, repeal, revoke or otherwise modify Northern Ireland legislation passed before this Schedule comes into force or an instrument made under such legislation, and

(b) include transitory or saving provision.

Regulations

4

(1) In this Schedule “prescribed” means prescribed by regulations made by the Department of Justice in Northern Ireland.

(2) The powers under this Schedule to make regulations are exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(3) Regulations under this Schedule are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954, subject to sub-paragraph (4).

(4) The following regulations may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly—

(a) the first regulations under paragraph 1, and

(b) regulations under paragraph 3 that amend or repeal Northern Ireland legislation (whether alone or with other provision).

(5) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (4) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment (as defined in that Act).

(6) Subsections (1) to (3) of section 41 of this Act apply in relation to regulations made under paragraph 1 or 2 of this Schedule as they apply in relation to regulations made by the Lord Chancellor under this Part.

SCHEDULE 7

Part 1 — Prosecution of Offences Act 1985

Introduction

1

The Prosecution of Offences Act 1985 is amended as follows.

Defence costs

2

(1) Section 16 (defence costs) is amended as follows.

(2) After subsection (6) insert—

(6A) Where the court considers that there are circumstances that make it inappropriate for the accused to recover the full amount mentioned in subsection (6), a defendant's costs order must be for the payment out of central funds of such lesser amount as the court considers just and reasonable. (6B) Subsections (6) and (6A) have effect subject to— (a) section 16A, and (b) regulations under section 20(1A)(d). (6C) When making a defendant's costs order, the court must fix the amount to be paid out of central funds in the order if it considers it appropriate to do so and— (a) the accused agrees the amount, or (b) subsection (6A) applies. (6D) Where the court does not fix the amount to be paid out of central funds in the order— (a) it must describe in the order any reduction required under subsection (6A), and (b) the amount must be fixed by means of a determination made by or on behalf of the court in accordance with procedures specified in regulations made by the Lord Chancellor.

(3) Omit subsections (7) and (9).

Legal costs

3

After section 16 insert—

(16A) (1) A defendant's costs order may not require the payment out of central funds of an amount that includes an amount in respect of the accused's legal costs, subject to the following provisions of this section. (2) Subsection (1) does not apply where condition A, B or C is met. (3) Condition A is that the accused is an individual and the order is made under— (a) section 16(1), (b) section 16(3), or (c) section 16(4)(a)(ii) or (iii) or (d). (4) Condition B is that the accused is an individual and the legal costs were incurred in proceedings in a court below which were— (a) proceedings in a magistrates' court, or (b) proceedings on an appeal to the Crown Court under section 108 of the Magistrates' Courts Act 1980 (right of appeal against conviction or sentence). (5) Condition C is that the legal costs were incurred in proceedings in the Supreme Court. (6) The Lord Chancellor may by regulations make provision about exceptions from the prohibition in subsection (1), including— (a) provision amending this section by adding, modifying or removing an exception, and (b) provision for an exception to arise where a determination has been made by a person specified in the regulations. (7) Regulations under subsection (6) may not remove or limit the exception provided by condition C. (8) Where a court makes a defendant's costs order requiring the payment out of central funds of an amount that includes an amount in respect of legal costs, the order must include a statement to that effect. (9) Where, in a defendant's costs order, a court fixes an amount to be paid out of central funds that includes an amount in respect of legal costs incurred in proceedings in a court other than the Supreme Court, the latter amount must not exceed an amount specified by regulations made by the Lord Chancellor. (10) In this section— - “legal costs” means fees, charges, disbursements and other amounts payable in respect of advocacy services or litigation services including, in particular, expert witness costs; - “advocacy services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right of audience in relation to any proceedings, or contemplated proceedings, to provide; - “expert witness costs” means amounts payable in respect of the services of an expert witness, including amounts payable in connection with attendance by the witness at court or elsewhere; - “litigation services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right to conduct litigation in relation to proceedings, or contemplated proceedings, to provide.

Prosecution costs

4

(1) Section 17 (prosecution costs) is amended as follows.

(2) In subsection (1) for “subsection (2)” substitute “ subsections (2) and (2A) ”.

(3) After subsection (2) insert—

(2A) Where the court considers that there are circumstances that make it inappropriate for the prosecution to recover the full amount mentioned in subsection (1), an order under this section must be for the payment out of central funds of such lesser amount as the court considers just and reasonable. (2B) When making an order under this section, the court must fix the amount to be paid out of central funds in the order if it considers it appropriate to do so and— (a) the prosecutor agrees the amount, or (b) subsection (2A) applies. (2C) Where the court does not fix the amount to be paid out of central funds in the order— (a) it must describe in the order any reduction required under subsection (2A), and (b) the amount must be fixed by means of a determination made by or on behalf of the court in accordance with procedures specified in regulations made by the Lord Chancellor.

(4) Omit subsections (3) and (4).

Costs of witnesses and appellants not in custody

5

(1) Section 19 (provision for orders as to costs in other circumstances) is amended as follows.

(2) After subsection (3) insert—

(3ZA) In relation to a sum that may be required by a court other than the Supreme Court to be paid out of central funds under regulations under subsection (3)— (a) the requirement under that subsection for the sum to be such sum as the court considers reasonably necessary to cover or compensate for expenses, fees, costs, trouble or losses is subject to regulations made under section 20(1A)(d), and (b) regulations under subsection (3) may make provision accordingly.

(3) After subsection (3C) insert—

(3D) Regulations under subsection (3) may make provision generally or only in relation to particular descriptions of persons, expenses, fees, costs, trouble or losses.

(4) After subsection (4) insert—

(4A) Subsection (4) has effect subject to regulations under section 20(1A)(d). (4B) An order under subsection (4) may not require the payment out of central funds of a sum that includes a sum in respect of legal costs (as defined in section 16A), except where regulations made by the Lord Chancellor provide otherwise. (4C) Regulations under subsection (4B) may, in particular, include— (a) provision for an exception to arise where a determination has been made by a person specified in the regulations, (b) provision requiring the court, when it orders the payment of a sum that includes a sum in respect of legal costs, to include a statement to that effect in the order, and (c) provision that the court may not order the payment of a sum in respect of legal costs exceeding an amount specified in the regulations.

Regulations

6

(1) Section 20 (regulations) is amended as follows.

(2) In subsection (1) omit the words from “and the regulations” to the end.

(3) After that subsection insert—

(1A) The Lord Chancellor may by regulations— (a) make provision as to the amounts that may be ordered to be paid out of central funds in pursuance of a costs order, whether by specifying rates or scales or by making other provision as to the calculation of the amounts, (b) make provision as to the circumstances in which and conditions under which such amounts may be paid or ordered to be paid, (c) make provision requiring amounts required to be paid out of central funds by a costs order to be calculated having regard to regulations under paragraphs (a) and (b), (d) make provision requiring amounts required to be paid to a person out of central funds by a relevant costs order to be calculated in accordance with such regulations (whether or not that results in the fixing of an amount that the court considers reasonably sufficient or necessary to compensate the person), and (e) make provision as to the review of determinations of amounts required to be paid out of central funds by costs orders. (1B) In subsection (1A)(d) “relevant costs order” means a costs order other than— (a) an order made by any court under section 17, and (b) so much of a costs order made by the Supreme Court as relates to expenses, fees, costs, trouble or losses incurred in proceedings in that court. (1C) Regulations under subsection (1A) may, in particular— (a) make different provision in relation to amounts to be paid in respect of different expenses, fees, costs, trouble and losses, (b) make different provision in relation to different costs orders and different areas, and (c) make different provision in relation to the fixing of an amount in a costs order and the fixing of an amount by means of a determination.

(4) In subsection (3)—

(a) for “subsection (1)” substitute “ subsection (1A) ”,

(b) for “rates or scales of allowances” substitute “ provision as to the calculation of amounts ”, and

Interpretation

7

(1) Section 21 (interpretation) is amended as follows.

(2) In subsection (4) after “16” insert “ , 16A ”.

(3) In subsection (4A)(a) after “16” insert “ , 16A ”.

Supplementary

8

(1) Section 29 (regulations) is amended as follows.

(2) For subsection (1) substitute—

(1) A power to make regulations under this Act is exercisable by statutory instrument. (1A) A statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (1B). (1B) A statutory instrument containing (whether alone or with other provision) regulations under section 16A(6) or 19(4B) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(3) In subsection (2) for “Any such regulations” substitute “ Regulations under this Act ”.

Part 2 — Attorney General's references

Reference of point of law following acquittal on indictment

9

(1) Section 36 of the Criminal Justice Act 1972 (reference of point of law following acquittal on indictment) is amended as follows.

(2) In subsection (5) omit “to his costs, that is to say”.

(3) Omit subsection (5A).

(4) After that subsection insert—

(5A) Subsection (5) has effect subject to— (a) subsection (5B), and (b) regulations under section 20(1A)(d) of the Prosecution of Offences Act 1985 (as applied by this section). (5B) A person is not entitled under subsection (5) to the payment of sums in respect of legal costs (as defined in section 16A of the Prosecution of Offences Act 1985) incurred in proceedings in the Court of Appeal. (5C) Subsections (1A) to (1C) and (3) of section 20 of the Prosecution of Offences Act 1985 (regulations as to amounts ordered to be paid out of central funds) apply in relation to amounts payable out of central funds under subsection (5) as they apply in relation to amounts payable out of central funds in pursuance of costs orders made under section 16 of that Act.

10

In consequence of the amendments made by paragraph 9, omit paragraph 8 of Schedule 1 to the Prosecution of Offences Act 1985.

Reference of sentence of Crown Court appearing to be unduly lenient

11

(1) Schedule 3 to the Criminal Justice Act 1988 (reference of sentence of Crown Court appearing to be unduly lenient) is amended as follows.

(2) In paragraph 11 (recovery of costs of representation)—

(a) number the existing provision sub-paragraph (1),

(b) in that sub-paragraph, omit “to his costs, that is to say”, and

(2) Sub-paragraph (1) has effect subject to— (a) sub-paragraph (3), and (b) regulations under section 20(1A)(d) of the Prosecution of Offences Act 1985 (as applied by this paragraph). (3) A person is not entitled under sub-paragraph (1) to the payment of sums in respect of legal costs (as defined in section 16A of the Prosecution of Offences Act 1985) incurred in proceedings in the Court of Appeal. (4) Subsections (1A) to (1C) and (3) of section 20 of the Prosecution of Offences Act 1985 (regulations as to amounts ordered to be paid out of central funds) apply in relation to funds payable out of central funds under sub-paragraph (1) as they apply in relation to amounts payable out of central funds in pursuance of costs orders made under section 16 of that Act.

(3) In paragraph 12 (application to Northern Ireland)—

(a) for “11”, in each place, substitute “ 11(1) ”, and

(b) after sub-paragraph (d) insert—

(e) paragraph 11 has effect as if sub-paragraphs (2) to (4) were omitted.

Part 3 — Extradition Act 2003

Introduction

12

The Extradition Act 2003 is amended as follows.

Extradition to Category 1 Territories

13

(1) Section 61 (costs where discharge ordered) is amended as follows.

(2) After subsection (5) insert—

(5A) In England and Wales, an order under subsection (5) is to be made, and the appropriate amount is to be determined, in accordance with sections 62A and 62B. (5B) In Scotland and Northern Ireland, an order under subsection (5) is to be made, and the appropriate amount is to be determined, in accordance with subsections (6) to (9).

14

In section 62 (supplementary provision about costs where discharge ordered) omit subsections (1) and (2).

15

After section 62 insert—

(62A) (1) For the purposes of an order under section 61(5), the appropriate amount is such amount as the judge or court making the order considers reasonably sufficient to compensate the person in whose favour the order is made for any expenses properly incurred by the person in the proceedings under this Part. (2) But if the judge or court considers that there are circumstances that make it inappropriate for the person to recover the full amount mentioned in subsection (1), the order under section 61(5) must be for the payment out of money provided by Parliament of such lesser amount as the judge or court considers just and reasonable. (3) Subsections (1) and (2) have effect subject to— (a) section 62B, and (b) regulations under section 20(1A)(d) of the Prosecution of Offences Act 1985 (as applied by this section). (4) When making an order under section 61(5), the judge or court must fix the amount to be paid out of money provided by Parliament in the order if the judge or court considers it appropriate to do so and— (a) the person in whose favour the order is made agrees the amount, or (b) subsection (2) applies. (5) Where the judge or court does not fix the amount to be paid out of money provided by Parliament in the order— (a) the judge or court must describe in the order any reduction required under subsection (2), and (b) the amount must be fixed by means of a determination made by or on behalf of the judge or court in accordance with procedures specified in regulations made by the Lord Chancellor. (6) Subsections (1A) to (1C) and (3) of section 20 of the Prosecution of Offences Act 1985 (regulations as to amounts ordered to be paid out of central funds) apply in relation to amounts payable out of money provided by Parliament in pursuance of an order under section 61 as they apply in relation to amounts payable out of central funds in pursuance of costs orders made under section 16 of that Act. (7) This section extends to England and Wales only. (62B) (1) An order under section 61(5) may not require the payment out of money provided by Parliament of an amount that includes an amount in respect of legal costs incurred by the person in whose favour the order is made, subject to the following provisions of this section. (2) Subsection (1) does not apply in relation to legal costs incurred in— (a) proceedings in a magistrates' court, or (b) proceedings in the Supreme Court. (3) The Lord Chancellor may by regulations make provision about exceptions from the prohibition in subsection (1), including— (a) provision amending this section by adding, modifying or removing an exception, and (b) provision for an exception to arise where a determination has been made by a person specified in the regulations. (4) Regulations under subsection (3) may not remove or limit the exception provided by subsection (2)(b). (5) Where a judge or court makes an order under section 61(5) requiring the payment out of money provided by Parliament of an amount that includes an amount in respect of legal costs, the order must include a statement to that effect. (6) Where, in an order under section 61(5), a judge or court fixes an amount to be paid out of money provided by Parliament that includes an amount in respect of legal costs incurred in proceedings in a court other than the Supreme Court, the latter amount must not exceed an amount specified by regulations made by the Lord Chancellor. (7) In this section— - “legal costs” means fees, charges, disbursements and other amounts payable in respect of advocacy services or litigation services including, in particular, expert witness costs; - “advocacy services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right of audience in relation to any proceedings, or contemplated proceedings, to provide; - “expert witness costs” means amounts payable in respect of the services of an expert witness, including amounts payable in connection with attendance by the witness at court or elsewhere; - “litigation services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right to conduct litigation in relation to proceedings, or contemplated proceedings, to provide. (8) This section extends to England and Wales only.

Extradition to Category 2 Territories

16

(1) Section 134 (costs where discharge ordered) is amended as follows.

(2) After subsection (5) insert—

(5A) In England and Wales, an order under subsection (5) is to be made, and the appropriate amount is to be determined, in accordance with sections 135A and 135B. (5B) In Scotland and Northern Ireland, an order under subsection (5) is to be made, and the appropriate amount is to be determined, in accordance with subsections (6) to (9).

17

In section 135 (supplementary provision about costs where discharge ordered) omit subsections (1) and (2).

18

After section 135 insert—

(135A) (1) For the purposes of an order under section 134(5), the appropriate amount is such amount as the judge or court making the order considers reasonably sufficient to compensate the person in whose favour the order is made for any expenses properly incurred by the person in the proceedings under this Part. (2) But if the judge or court considers that there are circumstances that make it inappropriate for the person to recover the full amount mentioned in subsection (1), the order under section 134(5) must be for the payment out of money provided by Parliament of such lesser amount as the judge or court considers just and reasonable. (3) Subsections (1) and (2) have effect subject to— (a) section 135B, and (b) regulations under section 20(1A)(d) of the Prosecution of Offences Act 1985 (as applied by this section). (4) When making an order under section 134(5), the judge or court must fix the amount to be paid out of money provided by Parliament in the order if the judge or court considers it appropriate to do so and— (a) the person in whose favour the order is made agrees the amount, or (b) subsection (2) applies. (5) Where the judge or court does not fix the amount to be paid out of money provided by Parliament in the order— (a) the judge or court must describe in the order any reduction required under subsection (2), and (b) the amount must be fixed by means of a determination made by or on behalf of the court in accordance with procedures specified in regulations made by the Lord Chancellor. (6) Subsections (1A) to (1C) and (3) of section 20 of the Prosecution of Offences Act 1985 (regulations as to amounts ordered to be paid out of central funds) apply in relation to amounts payable out of money provided by Parliament in pursuance of an order under section 134 as they apply in relation to amounts payable out of central funds in pursuance of costs orders made under section 16 of that Act. (7) This section extends to England and Wales only. (135B) (1) An order under section 134(5) may not require the payment out of money provided by Parliament of an amount that includes an amount in respect of legal costs incurred by the person in whose favour the order is made, subject to the following provisions of this section. (2) Subsection (1) does not apply in relation to legal costs incurred in— (a) proceedings in a magistrates' court, or (b) proceedings in the Supreme Court. (3) The Lord Chancellor may by regulations make provision about exceptions from the prohibition in subsection (1), including— (a) provision amending this section by adding, modifying or removing an exception, and (b) provision for an exception to arise where a determination has been made by a person specified in the regulations. (4) Regulations under subsection (3) may not remove or limit the exception provided by subsection (2)(b). (5) Where a judge or court makes an order under section 134(5) requiring the payment out of money provided by Parliament of an amount that includes an amount in respect of legal costs, the order must include a statement to that effect. (6) Where, in an order under section 134(5), a judge or court fixes an amount to be paid out of money provided by Parliament that includes an amount in respect of legal costs incurred in proceedings in a court other than the Supreme Court, the latter amount must not exceed an amount specified by regulations made by the Lord Chancellor. (7) In this section— - “legal costs” means fees, charges, disbursements and other amounts payable in respect of advocacy services or litigation services including, in particular, expert witness costs; - “advocacy services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right of audience in relation to any proceedings, or contemplated proceedings, to provide; - “expert witness costs” means amounts payable in respect of the services of an expert witness, including amounts payable in connection with attendance by the witness at court or elsewhere; - “litigation services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right to conduct litigation in relation to proceedings, or contemplated proceedings, to provide. (8) This section extends to England and Wales only.

Regulations

19

In section 223(6) (orders and regulations subject to affirmative procedure), at the appropriate places insert— “ section 62B(3) ”; “ section 135B(3) ”.

Part 4 — Savings

20

The amendments made by paragraphs 2 to 5 do not have effect in relation to costs orders made by a court in proceedings which commenced before the relevant day.

21

The amendments made by paragraphs 9 to 11 do not have effect in relation to a person's entitlement to costs in connection with a reference made before the relevant day.

22

The amendments made by paragraphs 12 to 19 do not have effect in relation to orders made by a judge or court in proceedings which commenced before the relevant day.

23

In paragraphs 20 to 22 “the relevant day”, in relation to an amendment, means the day on which the amendment comes into force.

24

For the purposes of paragraphs 20 and 22—

(a) proceedings commence in a magistrates' court when a warrant, requisition or summons relating to the proceedings is issued;

(b) proceedings commence on an appeal to the Crown Court when a notice of appeal is served;

(d) proceedings commence in the High Court when an application for leave to appeal by way of case stated is made or (in the absence of such an application) when notice of appeal is given;

(e) proceedings commence in the Court of Appeal when an application for leave to appeal is made or (in the absence of such an application) when notice of appeal is given;

(f) proceedings commence in the Supreme Court when an application for leave to appeal is made.

SCHEDULE 8

Part 1 — Appeals from Court Martial

Introduction

1

Part 2 of the Court Martial Appeals Act 1968 (appeals from Court Martial) is amended as follows.

Costs of successful appellant

2

(1) Section 31 (costs of successful appellant) is amended as follows.

(2) In subsection (1) omit “other than an appeal against sentence”.

(3) In subsection (2) at the end insert “ , subject to subsection (3), section 31A and regulations under section 33B(1)(d). ”

(4) After subsection (2) insert—

(3) Where the Appeal Court consider that there are circumstances that make it inappropriate for the appellant to recover the whole of the sums mentioned in subsection (2), a direction under this section must be for the payment of such lesser sums as they consider just and reasonable. (4) The Appeal Court must fix the sums to be paid by the Secretary of State in the direction if they consider it appropriate to do so and— (a) the appellant agrees the sums, or (b) subsection (3) applies. (5) Where the Appeal Court do not fix the sums to be paid by the Secretary of State in the direction— (a) they must describe in the direction any reduction required under subsection (3), and (b) the sums must be fixed by means of a determination made by or on behalf of the Appeal Court in accordance with procedures specified in regulations made by the Lord Chancellor.

Legal costs

3

After section 31 insert—

(31A) (1) The costs which the Appeal Court may direct the Secretary of State to pay under section 31 do not include legal costs, except where regulations made by the Lord Chancellor provide otherwise. (2) Regulations under this section may, in particular, include— (a) provision for an exception to arise where a determination has been made by a person specified in the regulations, (b) provision requiring the Appeal Court, when they direct the payment of a sum that includes a sum in respect of legal costs, to include a statement to that effect in the direction, and (c) provision that the Appeal Court may not direct the payment of a sum in respect of legal costs exceeding an amount specified in the regulations. (3) In this section— - “legal costs” means fees, charges, disbursements and other amounts payable in respect of advocacy services or litigation services including, in particular, expert witness costs; - “advocacy services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right of audience in relation to any proceedings, or contemplated proceedings, to provide; - “expert witness costs” means amounts payable in respect of the services of an expert witness, including amounts payable in connection with attendance by the witness at court or elsewhere; - “litigation services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right to conduct litigation in relation to proceedings, or contemplated proceedings, to provide.

Witnesses’ expenses

4

(1) Section 33 (witnesses' expenses) is amended as follows.

(2) In subsection (1) at the end insert “ , subject to subsection (3) and regulations under section 33B (1)(d) ”.

(3) At the end insert—

(3) Sums ordered to be paid out of money provided by Parliament under subsection (1) may not include sums in respect of expert witness costs (as defined in section 31A), unless regulations made by the Lord Chancellor provide otherwise.

Expenses of appellant not in custody

5

(1) Section 33A (appellant's expenses) is amended as follows.

(2) Number the existing provision subsection (1).

(3) After that subsection insert—

(2) The expenses which the Appeal Court may direct the Secretary of State to pay under this section do not include legal costs (as defined in section 31A), except where regulations made by the Lord Chancellor provide otherwise. (3) Regulations under this section may, in particular, include— (a) provision for an exception to arise where a determination has been made by a person specified in the regulations, (b) provision requiring the Appeal Court, when they direct the payment of a sum that includes a sum in respect of legal costs, to include a statement to that effect in the direction, and (c) provision that the Appeal Court may not direct the payment of a sum in respect of legal costs exceeding an amount specified in the regulations.

Further provision about costs

6

After section 33A insert—

(33B) (1) The Lord Chancellor may by regulations— (a) make provision as to the sums that may be directed or ordered to be paid under section 31, 33 or 33A, whether by specifying rates or scales or by making other provision as to the calculation of the sums, (b) make provision as to the circumstances in which and conditions under which such sums may be paid or directed or ordered to be paid, (c) make provision requiring such sums to be fixed having regard to regulations under paragraphs (a) and (b), (d) make provision requiring such sums to be calculated in accordance with such regulations (whether or not that results in the fixing of an amount that the court considers reasonably sufficient to compensate the person concerned), and (e) make provision as to the review of determinations of sums directed to be paid under section 31. (2) Regulations under this section may provide that provision as to the calculation of sums (whether in the form of rates or scales or other provision) may be determined by the Lord Chancellor with the consent of the Treasury.

Regulations

7

After section 33B insert—

(33C) (1) Regulations under sections 31, 31A, 33, 33A and 33B may, in particular— (a) make different provision in relation to different cases and different classes of case, including different provision in relation to different expenses, trouble and loss, different directions and orders and different areas, and (b) make different provision in relation to the fixing of a sum in a direction or order and the fixing of a sum by means of a determination. (2) A power to make regulations under those sections is exercisable by statutory instrument. (3) A statutory instrument containing regulations under those sections is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (4). (4) A statutory instrument containing (whether alone or with other provision) regulations under section 31A, 33 or 33A may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Consequential repeal

8

In consequence of the amendment made by paragraph 2(2), omit paragraph 1(6) of Schedule 2 to the Armed Forces Act 1971.

Part 2 — Appeals from Court Martial Appeal Court

Introduction

9

Part 3 of the Court Martial Appeals Act 1968 (appeals from Court Martial Appeal Court) is amended as follows.

Application to Appeal Court

10

Before section 47 insert—

(46A) (1) Where the Appeal Court dismiss an application for leave to appeal to the Supreme Court made by the Director of Service Prosecutions, the Appeal Court may direct the payment by the Secretary of State of such sums as appear to them to be reasonably sufficient to compensate the accused for any expenses properly incurred by the accused in resisting the application, subject to— (a) subsection (2), and (b) regulations under section 47A(1)(d). (2) The sums which the Appeal Court may direct the Secretary of State to pay do not include legal costs (as defined in section 31A), except where regulations made by the Lord Chancellor provide otherwise. (3) Regulations under subsection (2) may, in particular, include— (a) provision for an exception to arise where a determination has been made by a person specified in the regulations, (b) provision requiring the Appeal Court, when they direct the payment of a sum that includes a sum in respect of legal costs, to include a statement to that effect in the direction, and (c) provision that the Appeal Court may not direct the payment of a sum in respect of legal costs exceeding an amount specified in the regulations. (46B) Where the Appeal Court dismiss an application for leave to appeal to the Supreme Court made by the accused— (a) the Appeal Court may make the like order as may be made by the Court under section 32(1) of this Act where they dismiss an application for leave to appeal to the Court, (b) an order made under this section may be enforced in the manner described in section 32(2) of this Act, and (c) section 32(3) of this Act applies in relation to any sum recovered by virtue of section 32(2)(a) (as applied by this section).

Application to Supreme Court

11

(1) Section 47 (costs) is amended as follows.

(2) In subsections (1) and (2) omit “the Appeal Court or” (in each place).

(3) After subsection (2) insert—

(2A) Section 32(3) of this Act applies in relation to any sum recovered by virtue of section 32(2)(a) (as applied by subsection (2)).

(4) In subsection (3), at the end insert

subject to— (a) subsection (3A), and (b) regulations under section 47A(1)(d).

(5) After subsection (3) insert—

(3A) The costs which the Supreme Court may direct the Secretary of State to pay do not include legal costs (as defined in section 31A) incurred in proceedings in a court below, except where regulations made by the Lord Chancellor provide otherwise. (3B) Regulations under subsection (3A) may, in particular, include— (a) provision for an exception to arise where a determination has been made by a person specified in the regulations, (b) provision requiring the Supreme Court, when they direct the payment of a sum that includes a sum in respect of legal costs, to include a statement to that effect in the direction, and (c) provision that the Supreme Court may not direct the payment of a sum in respect of legal costs exceeding an amount specified in the regulations.

(6) In subsection (4) for “the foregoing provisions of” substitute “ sections 46A, 46B and ”.

12

Accordingly, in the heading of section 47, at the end insert “ : application to Supreme Court ”.

Further provision about costs

13

After section 47 insert—

(47A) (1) The Lord Chancellor may by regulations— (a) make provision as to the sums that may be directed to be paid under section 46A or 47(3), whether by specifying rates or scales or by making other provision as to the calculation of the sums, (b) make provision as to the circumstances in which and conditions under which such sums may be paid or directed to be paid, (c) make provision requiring such sums to be fixed having regard to regulations under paragraphs (a) and (b), and (d) make provision requiring such sums to be calculated in accordance with such regulations (whether or not that results in the fixing of an amount that the court considers reasonably sufficient to compensate the person concerned). (2) The power under subsection (1)(d) may not be exercised in respect of sums ordered to be paid by the Supreme Court in respect of expenses incurred in proceedings before that court. (3) Regulations under this section may provide that provision as to the calculation of sums (whether in the form of rates or scales or other provision) may be determined by the Lord Chancellor with the consent of the Treasury.

Regulations

14

After section 47A insert—

(47B) (1) Regulations under sections 46A, 47 and 47A may, in particular, make different provision in relation to different cases and different classes of case, including different provision in relation to different expenses, trouble and loss, different directions and orders and different areas. (2) A power to make regulations under those sections is exercisable by statutory instrument. (3) A statutory instrument containing regulations under those sections is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (4). (4) A statutory instrument containing (whether alone or with other provision) regulations under section 46A or 47 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Part 3 — Savings

15

The amendments made by this Schedule do not have effect in relation to directions and orders made by a court in proceedings commenced before the relevant day.

16

For the purposes of paragraph 15—

(a) “the relevant day”, in relation to an amendment, means the day on which the amendment comes into force;

(b) proceedings commence in the Court Martial Appeal Court when an application for leave to appeal is made or (in the absence of such an application) when notice of appeal is given;

SCHEDULE 9

Part 1 — Consequential amendments

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

1

In section 163(1) of the Powers of Criminal Courts (Sentencing) Act 2000 omit the definition of “operational period”.

Criminal Justice Act 2003 (c. 44)

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643)

13

In the Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 omit—

(a) article 2(2) (modifications to section 189 of the Criminal Justice Act 2003 pending the commencement of the repeal of section 78 of the Powers of Criminal Courts (Sentencing) Act 2000), and

(b) article 3(2)(a) (modifications to section 189 of the Criminal Justice Act 2003 pending the commencement of section 61 of the Criminal Justice and Court Services Act 2000).

Armed Forces Act 2006 (c. 52)

14

The Armed Forces Act 2006 is amended as follows.

15

(1) Section 200 (suspended sentence orders with or without community requirements) is amended as follows.

(2) In the heading omit “with or without community requirements”.

(3) Omit subsections (1) to (4) (power of relevant service court to make suspended sentence order with or without community requirements, and meanings of those terms).

(4) In subsection (5) (modification of section 189(1) of the Criminal Justice Act 2003 in its application to a relevant service court)—

(a) for “(b)(ii)” substitute “ (a) ”,

(b) for “the end of sub-paragraph (ii)” substitute “ “imprisonment),” ”, and

(5) After subsection (6) insert—

(7) In this Chapter “a suspended sentence order with community requirements” means a suspended sentence order that imposes one or more community requirements within the meaning of section 189(7)(c) of the 2003 Act.

16

Omit section 201 (provisions of the Criminal Justice Act 2003 that do not apply to suspended sentence orders without community requirements).

17

In section 207 (definitions for purposes of Chapter 4 of Part 8)—

(a) in the definition of “suspended sentence order with community requirements” for “200(3)” substitute “ 200(7) ”, and

(b) omit the definition of “suspended sentence order without community requirements”.

18

(1) Schedule 7 (suspended prison sentence: further conviction or breach of requirement) is amended as follows.

(2) For the heading before paragraph 1 substitute “ Modifications of Part 2 of Schedule 12 to the 2003 Act ”.

(3) In paragraph 1 (modifications of Part 2 of Schedule 12 to the Criminal Justice Act 2003 in case of suspended sentence orders with community requirements) omit “with community requirements”.

(4) Omit paragraph 2 (modifications of Part 2 of Schedule 12 to the Criminal Justice Act 2003 in case of suspended sentence orders without community requirements) and the heading before that paragraph.

(5) After paragraph 6 insert—

(6A) Paragraph 8(2)(ba) of that Schedule has effect as if at the beginning there were inserted “where the court dealing with the offender is the Crown Court,”.

Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (SI 2009/1059)

19

In Schedule 2 to the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 omit paragraph 2(2) (modifications to section 189 of the Criminal Justice Act 2003 pending the commencement of the repeal of section 78 of the Powers of Criminal Courts (Sentencing) Act 2000).

Part 2 — Transitory provision

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 10

Prison Act 1952 (c. 52)

1

Omit section 49(4A) of the Prison Act 1952 (persons unlawfully at large).

Criminal Justice Act 1961 (c. 39)

2

In section 23 of the Criminal Justice Act 1961 (prison rules)—

(a) in subsection (3), for “Subject to subsection (3A), the days” substitute “ The days ”;

(b) omit subsection (3A).

Firearms Act 1968 (c. 27)

3

In section 21 of the Firearms Act 1968 (possession of firearms by persons previously convicted of crime), omit—

(a) subsection (2A)(d);

(b) subsection (2B);

Magistrates’ Courts Act 1980 (c. 43)

4

Omit section 131(2A) of the Magistrates' Courts Act 1980 (remand of accused already in custody).

Road Traffic Offenders Act 1988 (c. 53)

5

In section 35A of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence also imposed), omit subsection (4)(c) and (d).

Football Spectators Act 1989 (c. 37)

6

In the Football Spectators Act 1989, omit—

(a) section 14E(7) (banning orders);

(b) section 18(5) (information).

Prisoners (Return to Custody) Act 1995 (c. 3)

7

Omit section 1(1A) of the Prisoners (Return to Custody) Act 1995 (remaining at large after temporary release).

Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)

8

In Schedule 3 to the Goods Vehicles (Licensing of Operators) Act 1995 (qualifications for standard licence), in paragraph 3(2)(a), for the words from “of 12 months or more” to the end substitute “ exceeding 3 months ”.

Crime (Sentences) Act 1997 (c. 43)

9

(1) Schedule 1 to the Crime (Sentences) Act 1997 (transfers of prisoners within the British Islands) is amended as follows.

(2) In paragraph 6(4), omit the definitions of “custody plus order” and “intermittent custody order”.

(3) In paragraph 8, in sub-paragraphs (2) and (4)—

(a) after paragraph (aa) insert “ and ”;

(b) omit paragraph (ab).

(4) In paragraph 9, in sub-paragraphs (2) and (4)—

(a) after paragraph (aa) insert “ and ”;

(b) omit paragraph (ab).

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

10

In section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 (extension of disqualification where custodial sentence also imposed), omit subsection (4)(c) and (d).

Extradition Act 2003 (c. 41)

11

(1) The Extradition Act 2003 is amended as follows.

(2) In the following provisions, omit “(other than temporarily on licence pursuant to an intermittent custody order under section 183(1)(b) of the Criminal Justice Act 2003)”—

(a) section 59(11)(b) (return of person to serve remainder of sentence);

(b) section 132(11)(b) (return of person to serve remainder of sentence);

(3) In section 216 (interpretation), omit subsection (6A).

Criminal Justice Act 2003 (c. 44)

12

The Criminal Justice Act 2003 is amended as follows.

13

In section 195 (interpretation of Chapter 3), omit the definitions of “custodial period”, “licence period” and “the number of custodial days”.

14

(1) Section 196 (meaning of “relevant order” in Chapter 4) is amended as follows.

(2) In subsection (1)—

(a) at the end of paragraph (a) insert “ or ”;

(b) omit paragraph (b);

(3) Omit subsection (2).

15

In section 197(1)(a)(i) (meaning of “responsible officer), omit “182(1) or”.

16

In section 202(4)(b) (circumstances in which court must not include programme requirement), omit “(or, where the relevant order is a custody plus order or an intermittent custody order, will be)”.

17

Omit section 204(4) and (5) (restrictions on imposing curfew requirement).

18

In section 213(3) (definition of “relevant period” for supervision requirement), omit paragraphs (b) and (c).

19

Omit section 216(2) (requirement to specify area in which offender will reside).

20

In section 241 (effect of direction under section 240 or 240A)—

(a) in subsection (1), omit “or Chapter 3 (prison sentences of less than twelve months)”;

(b) omit subsection (2).

21

(1) Section 244 (duty to release prisoners) is amended as follows.

(2) Omit subsection (2).

(3) In subsection (3)—

(a) omit paragraphs (b) and (c);

(b) in paragraph (d), omit “none of which falls within paragraph (c)”.

22

Omit section 245 (restrictions on duty to release intermittent custody prisoners).

23

(1) Section 246 (power to release prisoners on licence early) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), omit “, other than an intermittent custody prisoner,”;

(b) omit paragraph (b) and the word “and” preceding it.

(3) Omit subsection (3).

(4) In subsection (4)(i), omit from “or, where the sentence is one of intermittent custody” to the end.

(5) In subsection (5)—

(a) in paragraph (a), omit “or (b), (3)”;

(b) in paragraph (c), omit “or (3)(b)(ii)”.

(6) In subsection (6)—

(a) omit the definition of “the required custodial days”;

(b) in the definition of “the requisite custodial period”, omit “other than a sentence of intermittent custody” and “, (b)”;

24

In section 249 (duration of licence)—

(a) in subsection (1), for “subsections (2) and (3)” substitute “ subsection (3) ”;

(b) omit subsection (2);

(d) omit subsection (4).

25

In section 250 (licence conditions)—

(a) omit subsections (2), (2A), (3) and (6);

(b) in subsection (7), for the words from “section 264(3)” to the end substitute “ and section 264(3) (consecutive terms) ”.

26

Omit section 251 (licence conditions on re-release of those serving less than 12 months).

27

In section 252(2) (duty to comply with licence conditions: overseas)—

(a) at the end of paragraph (a) insert “ and ”;

(b) omit paragraph (b).

28

Omit section 253(4) (curfew conditions for those subject to intermittent custody order).

29

In section 260(7) (early removal of persons liable to removal from UK: definition of “requisite custodial period”), omit “, (b)”.

30

In section 261(6) (re-entry to UK of offender removed early: definitions), in the definition of “requisite custodial period”, omit “, (b)”.

31

Omit section 263(3) (concurrent terms: requirements of licence).

32

(1) Section 264 (consecutive terms) is amended as follows.

(2) Omit subsection (1)(c) and the “and” preceding it.

(3) In subsection (6) omit—

(a) paragraph (a)(iii) and the “and” preceding it;

(b) paragraph (b).

33

Omit section 264A (consecutive terms: intermittent custody).

34

Omit section 265(1B) (restriction on consecutive sentences: intermittent custody).

35

In section 268 (interpretation of Chapter 6), omit the definitions of “intermittent custody prisoner”, “release” and “relevant court order”.

36

In section 302 (execution of process between England and Wales and Scotland), omit “paragraph 8(1) of Schedule 10”.

37

In section 305(1) (interpretation of Part 12)—

(a) omit the definition of “custody plus order”;

(b) omit the definition of “intermittent custody order”;

(d) in the definition of “responsible officer”, omit the words “a custody plus order, an intermittent custody order”.

38

(1) Schedule 12 (breach or amendment of suspended sentence order etc) is amended as follows.

(2) In paragraph 8(2) (powers of court on breach of community requirement or conviction of further offence)—

(a) in paragraph (a), omit “and custodial period”;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In paragraph 9(1) (further provision as to order that suspended sentence is to take effect)—

(a) omit “and custodial period”;

(b) omit paragraph (a).

39

In Schedule 32 (amendments relating to sentencing), omit paragraphs 12(2), (3) and (6), 29, 57, 58 and 68(2).

Domestic Violence, Crime and Victims Act 2004 (c. 28)

40

(1) The Domestic Violence, Crime and Victims Act 2004 is amended as follows.

(2) Omit section 31 and Schedule 6 (intermittent custody).

(3) In Schedule 11 (repeals), omit the entries relating to the Criminal Justice Act 2003.

Armed Forces Act 2006 (c. 52)

41

(1) The Armed Forces Act 2006 is amended as follows.

(2) In section 196 (term of sentence etc), omit—

(a) the reference to sections 181 and 182 of the Criminal Justice Act 2003;

(b) in the reference to Chapter 4 of Part 12 of that Act, the words “custody plus order or”.

(3) Omit sections 197 to 199 (imprisonment with or without custody plus order).

(4) In section 207 (definitions), omit the definition of “custody plus order”.

(5) In Schedule 7 (suspended sentence: further conviction or breach of requirement), omit paragraph 9(1)(a) (modification of paragraph 9(1)(a) of Schedule 12 to the Criminal Justice Act 2003).

(6) In Schedule 16 (minor and consequential amendments), omit paragraphs 222 and 223.

Criminal Justice and Immigration Act 2008 (c. 4)

42

Omit section 20(2) and (3) of the Criminal Justice and Immigration Act 2008.

Policing and Crime Act 2009 (c. 26)

43

Omit section 71(10) of the Policing and Crime Act 2009.

Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643)

44

Article 2 (4) of the Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 is revoked.

SCHEDULE 11

Bail Act 1976 (c. 63)

1

The Bail Act 1976 is amended as follows.

2

In section 2(2) (definitions)—

(a) insert the following definitions at the appropriate places—

“bail in non-extradition proceedings” means bail in criminal proceedings of the kind mentioned in section 1(1)(a),

;

“custodial sentence” means a sentence or order mentioned in section 76(1) of the Powers of Criminal Courts (Sentencing) Act 2000 or any corresponding sentence or order imposed or made under any earlier enactment,

;

“imprisonable offence” means an offence punishable in the case of an adult with imprisonment,

;

“sexual offence” means an offence specified in Part 2 of Schedule 15 to the Criminal Justice Act 2003,

;

“violent offence” means murder or an offence specified in Part 1 of Schedule 15 to the Criminal Justice Act 2003,

, and

(b) in the definition of “young person” for “seventeen” substitute “ eighteen ”.

3

(1) Section 3 (general provisions) is amended as follows.

(2) In subsection (6ZAA), for “person),” substitute “ person granted bail in criminal proceedings of the kind mentioned in section 1(1)(a) or (b)), section 3AAA (in the case of a child or young person granted bail in connection with extradition proceedings), ”.

(3) In subsection (7)—

(a) for “a child or young person” substitute “ a person under the age of seventeen ”,

(b) for the words “the child or young person”, in both places they appear, substitute “ the person ”, and

(i) omit “of a young person”, and

(ii) omit “young” in the second place it appears.

4

(1) Section 3AA (conditions for the imposition of electronic monitoring requirements: children and young persons) is amended as follows.

(2) In the heading after “young persons” insert “ released on bail other than in extradition proceedings ”.

(3) In subsection (1) (conditions for the imposition of electronic monitoring conditions: children and young persons) after “young person” insert “ released on bail in criminal proceedings of the kind mentioned in section 1(1)(a) or (b) ”.

5

After section 3AA insert—

(3AAA) (1) A court may not impose electronic monitoring requirements on a child or young person released on bail in connection with extradition proceedings unless each of the following conditions is met. (2) The first condition is that the child or young person has attained the age of twelve years. (3) The second condition is that— (a) the conduct constituting the offence to which the extradition proceedings relate, or one or more of those offences, would, if committed in England and Wales, constitute a violent or sexual offence or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more, or (b) the offence or offences to which the extradition proceedings relate, together with any other imprisonable offences of which the child or young person has been convicted in any proceedings— (i) amount, or (ii) would, if the child or young person were convicted of that offence or those offences, amount, to a recent history of committing imprisonable offences while on bail or subject to a custodial remand. (4) The third condition is that the court is satisfied that the necessary provision for dealing with the child or young person concerned can be made under arrangements for the electronic monitoring of persons released on bail that are currently available in each local justice area which is a relevant area. (5) The fourth condition is that a youth offending team has informed the court that in its opinion the imposition of electronic monitoring requirements will be suitable in the case of the child or young person. (6) The references in subsection (3)(b) to an imprisonable offence include a reference to an offence— (a) of which the child or young person has been accused or convicted outside England and Wales, and (b) which is equivalent to an offence that is punishable with imprisonment in England and Wales. (7) The reference in subsection (3)(b) to a child or young person being subject to a custodial remand is to the child or young person being— (a) remanded to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, (b) remanded to local authority accommodation under section 23 of the Children and Young Persons Act 1969 or to prison under that section as modified by section 98 of the Crime and Disorder Act 1998 or under section 27 of the Criminal Justice Act 1948, or (c) subject to a form of custodial detention in a country or territory outside England and Wales while awaiting trial or sentence in that country or territory or during a trial in that country or territory.

6

(1) Section 3AB (conditions for the imposition of electronic monitoring requirements: other persons) is amended as follows.

(2) In subsection (1) for “seventeen” substitute “ eighteen ”.

(3) Omit subsection (4).

7

In section 3AC (electronic monitoring: general provisions) in each of subsections (7) and (8) after “3AA” insert “ , 3AAA ”.

8

(1) Section 7 (liability to arrest for absconding or breaking conditions of bail) is amended as follows.

(2) In subsection (5) for “subsection (6)” substitute “ subsections (5A) and (6) ”.

(3) After subsection (5) insert—

(5A) A justice of the peace may not remand a person in, or commit a person to, custody under subsection (5) if— (a) the person has attained the age of eighteen, (b) the person was released on bail in non-extradition proceedings, (c) the person has not been convicted of an offence in those proceedings, and (d) it appears to the justice of the peace that there is no real prospect that the person will be sentenced to a custodial sentence in the proceedings.

(4) In subsection (6) for “the person so brought before the justice” substitute “ a person brought before a justice under subsection (4) or (4B) ”.

9

(1) Section 9A (bail decisions relating to persons aged under 18 who are accused of offences mentioned in Schedule 2 to the Magistrates' Courts Act 1980) is amended as follows.

(2) In the heading for “persons aged under 18” substitute “ children or young persons ”.

(3) In subsection (1)(a) for “person aged under 18” substitute “ child or young person ”.

(4) In subsections (2) and (3)(b) after “accused” insert “ child or young ”.

10

Part 1 of Schedule 1 (bail for defendants accused or convicted of certain imprisonable offences) is amended in accordance with paragraphs 11 to 21.

11

For the heading immediately before paragraph 1 (defendants to whom Part 1 applies) substitute “ Application of Part 1 ”.

12

In paragraph 1 (defendants to whom Part 1 applies) in sub-paragraph (1) after “sub-paragraph (2)” insert “ and paragraph 1A ”.

13

After paragraph 1 insert—

(1A) (1) The paragraphs of this Part of this Schedule mentioned in sub-paragraph (2) do not apply in relation to bail in non-extradition proceedings where— (a) the defendant has attained the age of 18, (b) the defendant has not been convicted of an offence in those proceedings, and (c) it appears to the court that there is no real prospect that the defendant will be sentenced to a custodial sentence in the proceedings. (2) The paragraphs are— (a) paragraph 2 (refusal of bail where defendant may fail to surrender to custody, commit offences on bail or interfere with witnesses), (b) paragraph 2A (refusal of bail where defendant appears to have committed indictable or either way offence while on bail), and (c) paragraph 6 (refusal of bail where defendant has been arrested under section 7).

14

In paragraph 2 (exceptions to bail where defendant may fail to surrender to custody, commit offences on bail or interfere with witnesses) for sub-paragraph (2) substitute—

(2) Where the defendant falls within paragraph 6B, this paragraph does not apply unless— (a) the court is of the opinion mentioned in paragraph 6A, or (b) paragraph 6A does not apply by virtue of paragraph 6C.

15

After paragraph 2 insert—

(2ZA) (1) The defendant need not be granted bail if the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not), would commit an offence while on bail by engaging in conduct that would, or would be likely to, cause— (a) physical or mental injury to an associated person; or (b) an associated person to fear physical or mental injury. (2) In sub-paragraph (1) “associated person” means a person who is associated with the defendant within the meaning of section 62 of the Family Law Act 1996.

16

For paragraph 2A (refusal of bail where defendant appears to have committed offence while on bail) substitute—

(2A) The defendant need not be granted bail if— (a) the offence is an indictable offence or an offence triable either way, and (b) it appears to the court that the defendant was on bail in criminal proceedings on the date of the offence.

17

For paragraph 6 (refusal of bail where defendant fails to surrender to custody or has been arrested under section 7) substitute—

(6) The defendant need not be granted bail if, having previously been released on bail in, or in connection with, the proceedings, the defendant has been arrested in pursuance of section 7.

18

In paragraph 6A (certain drug users to be refused bail unless no significant risk of offending while on bail) for “is satisfied” substitute “ is of the opinion ”.

19

In paragraph 9 (considerations to which the court must have regard)—

(a) for “2A(1), 6(1) or 6A” substitute “ 2ZA(1) ”, and

(b) after “paragraph 6ZA” insert “ or 6A ”.

20

In paragraph 9AA (court to give particular weight to the fact that an under 18 defendant was on bail when the offence was committed) in sub-paragraph (1)(a) for “under the age of 18” substitute “ a child or young person ”.

21

In paragraph 9AB (factors to be given particular weight by the court when making a decision for the purposes of section 2(1)(a), in the case of an under 18 defendant who has failed to surrender) in sub-paragraph (1)(a) for “under the age of 18” substitute “ a child or young person ”.

22

Part 1A of Schedule 1 (bail for defendants accused or convicted of imprisonable offences to which Part 1 of that Schedule does not apply) is amended in accordance with paragraphs 23 to 26.

23

For the heading immediately before paragraph 1 (defendants to whom Part 1A applies) substitute “ Application of Part 1A ”.

24

In paragraph 1 (defendants to whom Part 1A applies) for “The” substitute “ Subject to paragraph 1A, the ”.

25

After paragraph 1 insert—

(1A) (1) The paragraphs of this Part of this Schedule mentioned in sub-paragraph (2) do not apply in relation to bail in, or in connection with, proceedings where— (a) the defendant has attained the age of 18, (b) the defendant has not been convicted of an offence in those proceedings, and (c) it appears to the court that there is no real prospect that the defendant will be sentenced to a custodial sentence in the proceedings. (2) The paragraphs are— (a) paragraph 2 (refusal of bail for failure to surrender to custody), (b) paragraph 3 (refusal of bail where defendant would commit further offences on bail), and (c) paragraph 7 (refusal of bail in certain circumstances when arrested under section 7).

26

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.