Police, Crime, Sentencing and Courts Act 2022

• “appropriate custodial term”—in relation to a serious terrorism sentence, means the term imposed under subsection (5)(a) or (as the case may be) (7)(a) of section 205ZA of the 1995 Act;in relation to a sentence imposed under section 205ZC of the 1995 Act, means the term imposed under subsection (3)(a) or (as the case may be) (4)(a) of that section;

;

• (c) in the definition of “confinement term”—

• (i) for “confinement” substitute “custodial”;

• (ii) for “Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”)” substitute “1995 Act”;

• (d) omit the definitions of “custody and community prisoner” and “custody part”;

• (e) in the definition of “life prisoner”, for “section 4 of the 2007 Act” substitute “section 2(1) of the 1993 Act”;

• (f) for the definition of “punishment part” substitute—

• “punishment part”, in relation to a life sentence, means the punishment part of the sentence as specified in an order mentioned in section 2(2) of the 1993 Act;

;

• (g) in the definition of “sentence of imprisonment”, in paragraph (b), after “205,” insert “205ZA(7), 205ZC(4),”;

• (h) after the definition of “sentence of imprisonment” insert—

• “serious terrorism sentence” means a sentence imposed under section 205ZA of the 1995 Act;

.

• (11) In Schedule 22 to the Coroners and Justice Act 2009, omit paragraphs 35 and 36 (powers to make transitional provision in relation to section 35C of the Road Traffic Offenders Act 1988).

Increase in driving disqualification periods under certain existing orders: Scotland

143

• (1) Subsection (2) applies where—

• (a) a driving disqualification order was made in accordance with an extended disqualification provision,

• (b) the sentence of imprisonment as a result of which the extended disqualification provision applied was imposed before the day on which section 142 came into force,

• (c) section 1AB of the Prisoners and Criminal Proceedings (Scotland) Act 1993 applies to the offender in respect of the sentence (the offender, in particular, not having been released in respect of the sentence), and

• (d) the appropriate extension period for the purposes of the order would have been longer had the sentence been imposed on the day on which section 142 came into force.

• (2) The order has effect, on and after the day on which section 142 comes into force, as if the period of disqualification included an appropriate extension period of such length as it would have included had the sentence of imprisonment been imposed on that day.

• (3) In this section—

• “driving disqualification order” means an order under—section 34 or 35 of the Road Traffic Offenders Act 1988 (“the 1988 Act”), orsection 248 or 248A of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”);

• “an extended disqualification provision” means—section 35C of the 1988 Act (in the case of an order under section 34 or 35 of that Act), orsection 248D of the 1995 Act (in the case of an order under section 248 or 248A of the 1995 Act);

• “appropriate extension period” and “sentence of imprisonment” are to be read in accordance with the extended disqualification provision concerned.

Minor amendments

Calculation of period before release or Parole Board referral where multiple sentences being served

144

• (1) In the Crime (Sentences) Act 1997—

• (a) in section 28(7) (time of Parole Board referral), omit paragraph (c) (and the “and” immediately before it);

• (b) before section 34 insert—

(33A) (1) This section applies where a life prisoner is also serving one or more sentences by virtue of which the fixed-term provisions apply to the offender. (2) Nothing in this Chapter requires the Secretary of State to release the prisoner unless the Secretary of State is also required by the fixed-term provisions to release the prisoner. (3) Nothing in this Chapter requires the Secretary of State to refer the prisoner’s case to the Parole Board unless the Secretary of State is also required by the fixed-term provisions to— (a) refer the prisoner’s case to the Board, or (b) release the prisoner. (4) Subsection (3) does not apply to a reference by the Secretary of State under section 31A(3). (5) The fact that the prisoner is serving a life sentence is to be ignored in determining, for the purposes of subsections (2) and (3), what the fixed-term provisions require. (6) In this section “the fixed-term provisions” means Chapter 6 of Part 12 of the Criminal Justice Act 2003.

;

• (c) in section 34 (interpretation), omit subsection (4).

• (2) The Criminal Justice Act 2003 is amended in accordance with subsections (3) to (11).

• (3) In section 243A(3) (requisite custodial period before release in short sentence), for “264(2)” substitute “264(2B) or (2E)”.

• (4) In section 244(3)(d) (usual requisite custodial period before release), for “264(2)” substitute “264(2B) or (2E)”.

• (5) In section 244A(6) (periods before release or referral in sentences for offenders of particular concern), in paragraph (b) of the definition of “requisite custodial period”, for “264(2)” substitute “264(2D)”.

• (6) In section 246A(8) (periods before release or referral in extended sentences), in paragraph (b) of the definition of “requisite custodial period”, for “264(2)” substitute “264(2B), (2D) or (2E)”.

• (7) In section 247(7) (periods before release in old extended sentences), in paragraph (b) of the definition of “requisite custodial period”, for “264(2)” substitute “264(2B) or (2E)”.

• (8) In section 247A(8) (release of terrorist prisoners: definitions), in paragraph (c) of the definition of “requisite custodial period”, for “264(2)” substitute “264(2B), (2D) or (2E)”.

• (9) In section 263 (release in case of concurrent sentences), in subsection (2), after paragraph (a) insert—

(aza) nothing in this Chapter requires the Secretary of State to refer the offender’s case to the Board in respect of any of the terms unless and until the Secretary of State is required either— (i) to refer the offender’s case to the Board, or (ii) to release the offender, in respect of each of the others,

.

• (10) In section 264 (release in case of consecutive sentences)—

• (a) for subsection (2) substitute—

(2A) Subsection (2B) applies if each of the terms of imprisonment is subject to initial automatic release. (2B) Nothing in this Chapter requires the Secretary of State to release the offender until the offender has served a period equal to the aggregate of the length of the minimum custodial periods in each of the terms. (2C) Subsections (2D) and (2E) apply if at least one of the terms of imprisonment is subject to initial Parole Board referral. (2D) Nothing in this Chapter requires the Secretary of State to refer the offender’s case to the Board until the offender has served a period equal to the aggregate length of the minimum custodial periods in each of the terms. (2E) Nothing in this Chapter requires the Secretary of State to release the offender until— (a) the Board has directed the release of the offender, or (b) the offender has served a period equal to the aggregate length of— (i) the minimum custodial periods in each of the terms (if any) that is subject to initial automatic release, and (ii) the maximum custodial periods in each of the terms that is subject to initial Parole Board referral. (2F) For the purposes of subsections (2A) to (2E)— (a) a term of imprisonment is “subject to initial automatic release” if it is a sentence in respect of which— (i) section 243A(1), 244(1), 244ZA(1), 246A(2) or 247 applies to the offender, or (ii) section 247A applies, but subsections (3) to (5) of that section do not apply, to the offender; (b) a term of imprisonment is “subject to initial Parole Board referral” if it is a sentence in respect of which— (i) section 244ZC, 244A, 246A(3) to (7) or 247A(3) to (5) applies to the offender, or (ii) a notice under section 244ZB(4) is in force.

;

• (b) in subsections (6) and (6A), in the words before paragraph (a), before “custodial” insert “minimum”;

• (c) after subsection (6A) insert—

(6B) In this section “maximum custodial period” means— (a) in relation to a sentence imposed under section 226A, 226B, 227, 228 or 236A of this Act or section 252A, 254, 265, 266, 278 or 279 of the Sentencing Code, the “appropriate custodial term” determined by the court under that section; (b) in relation to any other sentence, the term of the sentence.

• (11) After section 267B insert—

(267C) (1) This section applies where a fixed-term prisoner is also serving one or more sentences by virtue of which the life sentence provisions apply to the offender. (2) Nothing in this Chapter requires the Secretary of State to release the prisoner unless the Secretary of State is also required by the life sentence provisions to release the prisoner. (3) Nothing in this Chapter requires the Secretary of State to refer the prisoner’s case to the Board unless the Secretary of State is also required by the life sentence provisions to— (a) refer the prisoner’s case to the Board, or (b) release the prisoner. (4) The reference in subsection (3)(a) to a requirement of the Secretary of State to refer a prisoner’s case to the Board does not include a requirement to do so under section 31A(3) of the 1997 Act. (5) The fact that the prisoner is also serving a fixed-term sentence is to be ignored in determining, for the purposes of subsections (2) and (3), what the life sentence provisions require. (6) In this section “the life sentence provisions” means Chapter 2 of Part 2 of the 1997 Act.

• (12) In section 11 of the Criminal Justice and Courts Act 2015 (release on licence of life prisoners), omit subsections (1) and (4).

Application of release provisions to repatriated prisoners

145

• (1) In the Schedule to the Repatriation of Prisoners Act 1984, in paragraph 2 (application of early release provisions) as it applies in relation to prisoners repatriated to England and Wales—

• (a) omit sub-paragraphs (3) and (3A);

• (b) for sub-paragraphs (3B) to (3F) (inserted by the Counter-Terrorism and Sentencing Act 2021) substitute—

(3ZA) The Secretary of State may specify in the warrant that the prisoner is to be treated for the purposes of the enactments relating to release on licence as if the sentence to be served by the prisoner was imposed in respect of— (a) a particular offence under the law of England and Wales, (b) such an offence carried out in a certain manner or in certain circumstances, or (c) such an offence in relation to which certain findings were made by the court before which the prisoner was convicted or sentenced for the offence; and if that is done those enactments have effect accordingly. (3ZB) An offence may be specified under sub-paragraph (3ZA) only if it corresponds to the offence in respect of which the prisoner is required to be detained in the country or territory from which the prisoner is transferred (“the overseas offence”). (3ZC) A specification under sub-paragraph (3ZA)(b) may be made only if, in the opinion of the Secretary of State, findings made by the court before which the prisoner was convicted or sentenced for the overseas offence show that the overseas offence was committed in the manner or circumstances to be specified (or in a corresponding manner or corresponding circumstances). (3ZD) A finding may be specified under sub-paragraph (3ZA)(c) only if, in the opinion of the Secretary of State, findings made by the court before which the prisoner was convicted or sentenced for the overseas offence show that the finding to be specified could properly have been made by a court in England and Wales dealing with the prisoner. (3ZE) Sub-paragraph (3ZA) does not result in the enactments relating to release on licence applying in a way in which they could not apply in relation to a sentence imposed in respect of the offence specified under that sub-paragraph— (a) that was committed at the same time as the overseas offence was committed, or (b) in respect of which a conviction was made, or sentence passed, at the same time as occurred in respect of the overseas offence. (3ZF) The Secretary of State may amend a warrant (whether issued before or after sub-paragraph (3ZA) comes into force and whether or not the transfer it authorised has taken place) so as to specify the matters there referred to.

;

• (c) in sub-paragraph (4), in the definition of “the enactments relating to release on licence”, for “and Chapter 6 of Part 12 of the Criminal Justice Act 2003” substitute “, Chapter 6 of Part 12 of the Criminal Justice Act 2003 and section 28 of the Offender Management Act 2007”.

• (2) The repeal by subsection (1)(b) of sub-paragraphs (3B) to (3F) of the amended paragraph does not affect the continued operation of the enactments relating to release on licence (within the meaning of that paragraph as amended by subsection (1)) in relation to a warrant issued or amended in accordance with those sub-paragraphs before their repeal.

• (3) In Schedule 26 to the Criminal Justice and Immigration Act 2008, the following provisions (which contain superseded amendments of or in connection with the paragraph amended by subsection (1)) are repealed—

• (a) paragraph 19(4) and (5), and

• (b) paragraph 33(2) and (3).

Sentences and offences in respect of which polygraph condition may be imposed

146

In section 28 of the Offender Management Act 2007 (application of polygraph condition)—

• (a) in subsection (3), for paragraphs (a) to (g) substitute—

(a) a life sentence within the meaning of Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (see section 34(2) of that Act), or (b) a fixed-term sentence within the meaning of Chapter 6 of Part 12 of the Criminal Justice Act 2003 (see section 237 of that Act) of a term of 12 months or more.

;

• (b) in subsection (4), for the words from “means—” to the end substitute

means an offence specified in any one or more of— (a) Schedule 3 to the Sexual Offences Act 2003 (sexual offences attracting notification requirements), (b) Part 2 of Schedule 15 to the Criminal Justice Act 2003 (sexual offences under the law of England and Wales specified for certain purposes), (c) paragraphs 1 to 21 of Schedule 16 to that Act (sexual offences under the law of Scotland specified for certain purposes), as that Schedule had effect immediately before its repeal on 14 July 2008, and (d) Part 2 of Schedule 17 to that Act (sexual offences under the law of Northern Ireland specified for certain purposes), as that Schedule had effect immediately before its repeal on 14 July 2008.

;

• (c) after subsection (4) insert—

(4ZA) In determining for the purposes of subsection (4) whether an offence is specified in Schedule 3 to the Sexual Offences Act 2003, any limitation in that Schedule referring to the circumstances of a particular case (including the sentence imposed) is to be disregarded.

;

• (d) in subsection (4A) (inserted by the Counter-Terrorism and Sentencing Act 2021), omit paragraph (b) (but not the final “or”);

• (e) in subsection (4B) (also so inserted), omit paragraph (a);

• (f) after subsection (4B) insert—

(4C) A sentence in respect of a service offence is to be treated for the purposes of this section as if it were a sentence in respect of the corresponding offence. (4D) In subsection (4C)— (a) “service offence” means an offence under— (i) section 42 of the Armed Forces Act 2006, (ii) section 70 of the Army Act 1955 or the Air Force Act 1955, or (iii) section 42 of the Naval Discipline Act 1957; (b) “corresponding offence” means— (i) in relation to an offence under section 42 of the Armed Forces Act 2006, the corresponding offence under the law of England and Wales within the meaning of that section; (ii) in relation to an offence under section 70 of the Army Act 1955 or the Air Force Act 1955, the corresponding civil offence within the meaning of that Act; (iii) in relation to an offence under section 42 of the Naval Discipline Act 1957, the civil offence within the meaning of that section. (4E) Section 48 of the Armed Forces Act 2006 (supplementary provisions relating to ancillary service offences) applies for the purposes of subsection (4D)(b)(i) above as it applies for the purposes of the provisions of that Act referred to in subsection (3)(b) of that section.

Minor amendments to do with weapons-related offences

147

• (1) In Schedule 15 to the Criminal Justice Act 2003 (specified offences for certain purposes to do with release of offenders)—

• (a) after paragraph 60 insert—

(60A) An offence under section 47 of the Anti-Terrorism, Crime and Security Act 2001 (use etc of nuclear weapons). (60B) An offence under section 50 of that Act (assisting or inducing certain weapons-related acts overseas).

;

• (b) omit paragraphs 163 and 164;

• (c) in paragraph 165, for “that Act” substitute “the Anti-Terrorism, Crime and Security Act 2001”.

• (2) In Schedule 18 to the Sentencing Code (specified offences for certain sentencing purposes)—

• (a) after paragraph 23 insert—

(23A) An offence under either of the following provisions of the Anti-Terrorism, Crime and Security Act 2001— (a) section 47 (use etc of nuclear weapons); (b) section 50 (assisting or inducing certain weapons-related acts overseas).

;

• (b) for paragraph 42 substitute—

(42) An offence under section 113 of the Anti-Terrorism, Crime and Security Act 2001 (use of noxious substance or thing to cause harm or intimidate).

Application of provision about minimum terms to service offences

148

In section 261A of the Armed Forces Act 2006 (life sentences imposed by Court Martial), at the end insert—

(5) Schedule 21, as it applies in relation to a sentence passed by the Court Martial, has effect as if a reference to murder included reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is murder.

CHAPTER 2 — Community sentences

Community and suspended sentence orders

Supervision by responsible officer

149

• (1) The Sentencing Code is amended as follows.

• (2) In section 215 (community order: duty of offender to keep in touch with responsible officer)—

• (a) after subsection (1) insert—

(1A) In a case where the offender was convicted on or after the day on which section 149 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the responsible officer may from time to time give the offender an instruction to attend an appointment (with the responsible officer or with another person) for the purposes of— (a) the rehabilitation of the offender, or (b) the protection of the public. (1B) The offender must comply with any instruction given by the responsible officer under subsection (1A).

;

• (b) in subsection (2), at the beginning insert “In the case of any community order (whenever the offender was convicted)”;

• (c) after subsection (2) insert—

(2A) The powers under subsections (1A) and (2) to give instructions apply even if all the requirements of the community order have been complied with.

;

• (d) in subsection (3), for “This obligation” substitute “An obligation under this section”.

• (3) In section 301 (suspended sentence order: duty of offender to keep in touch with responsible officer)—

• (a) after subsection (1) insert—

(1A) In a case where the offender was convicted on or after the day on which section 149 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the responsible officer may from time to time give the offender an instruction to attend an appointment (with the responsible officer or with another person) for the purposes of— (a) the rehabilitation of the offender, or (b) the protection of the public. (1B) The offender must comply with any instruction given by the responsible officer under subsection (1A).

;

• (b) in subsection (2), at the beginning insert “In the case of any suspended sentence order (whenever the offender was convicted)”;

• (c) after subsection (2) insert—

(2A) The powers under subsections (1A) and (2) to give instructions apply even if all the community requirements of the suspended sentence order have been complied with.

;

• (d) in subsection (3), for “That obligation” substitute “An obligation under this section”.

Increases in maximum daily curfew hours and curfew requirement period

150

• (1) Paragraph 9 of Schedule 9 to the Sentencing Code (community orders and suspended sentence orders: curfew requirement) is amended in accordance with subsections (2) to (5).

• (2) In sub-paragraph (4)—

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

• (b) in paragraph (b), for “16 hours” substitute “the relevant number of hours”;

• (c) at the end insert

, and (c) not more than 112 hours in any period of 7 days beginning with the day of the week on which the requirement first takes effect.

• (3) After sub-paragraph (4) insert—

(4A) In sub-paragraph (4) “the relevant number of hours” means— (a) in relation to a relevant order in respect of an offence of which the offender was convicted before the day on which section 150 of the Police, Crime, Sentencing and Courts Act 2022 came into force, 16 hours, and (b) in relation to a relevant order in respect of an offence of which the offender was convicted on or after that day, 20 hours.

• (4) In sub-paragraph (5), for the words “the period of 12 months” substitute “the relevant period”.

• (5) After sub-paragraph (5) insert—

(6) In sub-paragraph (5) “the relevant period” means— (a) in relation to a relevant order in respect of an offence of which the offender was convicted before the day on which section 150 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the period of 12 months, and (b) in relation to a relevant order in respect of an offence of which the offender was convicted on or after that day, the period of 2 years.

• (6) In paragraph 13 of Schedule 23 to the Sentencing Act 2020 (powers to amend limits in community requirements)—

• (a) in sub-paragraph (1)(b), after “9(4)” insert “or (4A)”;

• (b) in sub-paragraph (2)(a), for “9(5)” substitute “9(6)”.

• (7) The Criminal Justice Act 2003 is amended in accordance with subsections (8) and (9).

• (8) In Schedule 19A (supervision default orders)—

• (a) in paragraph 2 (application of community orders provisions to supervision default orders), in paragraph (h), for “9(1) to (4)” substitute “9(1) to (4A)”;

• (b) in paragraph 3—

• (i) in sub-paragraph (6), in the substituted sub-paragraph (4)(a), for “16 hours” substitute “the relevant number of hours”;

• (ii) after sub-paragraph (6) insert—

(6A) Paragraph 9(4A) of that Schedule applies as if references to an offence of which the offender was convicted before, on or after a day were references to a failure by a person to comply with a requirement that occurred before, on or after that day.

• (9) In Schedule 31 (default orders: modification of provisions relating to community orders), in paragraph 3—

• (a) after sub-paragraph (1) insert—

(1A) Any reference to an offence of which the offender was convicted before, on or after a day is to be read as a reference to a default made by a person before, on or after that day.

;

• (b) in sub-paragraph (2)—

• (i) for “sub-paragraph (4)” substitute “sub-paragraph (4A)”;

• (ii) for “(4A)” substitute “(4B)”.

Power for responsible officer to vary curfew requirements etc

151

• (1) The Sentencing Code is amended as follows.

• (2) In Part 5 of Schedule 9 (community orders and suspended sentence orders: curfew requirements), after paragraph 10 insert—

(10A) (1) This paragraph applies where— (a) a relevant order is in force, (b) the order is in respect of an offence of which the offender was convicted on or after the day on which section 151 of the Police, Crime, Sentencing and Courts Act 2022 came into force, (c) the order includes a curfew requirement imposed under paragraph 9, and (d) the responsible officer considers that the variation condition is met. (2) The variation condition is met if, having regard to a change in the offender’s circumstances since the relevant order was made, it is appropriate to— (a) vary the start time of any of the curfew periods; (b) vary the relevant place in relation to any of those periods. (3) The responsible officer may, with the consent of the offender, give the offender notice (a “variation notice”) specifying— (a) the new start time of such of the curfew periods as are specified in the notice; (b) the new relevant place for such of the curfew periods as are so specified. (4) The effect of a variation notice is to vary the relevant order as specified in the notice, with effect from the date so specified. (5) A variation notice may specify different variations of the start time, or of the relevant place, for different days. (6) Before giving a variation notice containing provision pursuant to sub-paragraph (3)(b), the responsible officer must obtain and consider information about each place proposed to be specified in the notice. (7) That information must include information as to the attitude of persons likely to be affected by the offender’s enforced presence there. (8) A variation notice must not— (a) vary the length of any of the offender’s curfew periods; (b) in a case where the relevant order includes a residence requirement under paragraph 13, vary the relevant place in a way that is inconsistent with that requirement; (c) make any variation prohibited by sub-paragraph (9). (9) A variation is prohibited by this sub-paragraph if— (a) the relevant order concerned includes an electronic compliance monitoring requirement imposed under paragraph 10(3) (a “monitoring requirement”), and (b) the responsible officer considers that, if the court had made the relevant order imposing the curfew requirement as varied by the variation, the court— (i) would not have imposed the monitoring requirement, or (ii) would have imposed a different monitoring requirement. (10) The responsible officer must give the appropriate court— (a) a copy of a variation notice given under this paragraph, and (b) evidence of the offender’s consent to the notice. (11) In this paragraph— (a) “appropriate court”— (i) in relation to a community order, has the same meaning as in Schedule 10 (see paragraph 1 of that Schedule); (ii) in relation to a suspended sentence order, has the same meaning as in Schedule 16 (see paragraph 1 of that Schedule); (b) “curfew periods”, in relation to a relevant order, means the periods specified in the order under paragraph 9(2)(a); (c) “relevant place”, in relation to a curfew period, means the place specified under paragraph 9(2)(b) at which the offender is required to remain for that period; (d) “start time”, in relation to a curfew period, means the time at which the period is required to start pursuant to the relevant order.

• (3) In paragraph 16 of Schedule 10 (amendment of community order because of change of residence), after sub-paragraph (2) insert—

(3) If the permission is given by the responsible officer— (a) the officer must give notice to the appropriate court of the permission, and (b) the court must amend the order as set out in sub-paragraph (2).

• (4) After paragraph 17 of that Schedule insert—

(17A) (1) This paragraph applies where at any time the responsible officer gives— (a) a copy of a variation notice in relation to a community order, and (b) evidence of the offender’s consent to the notice, to the appropriate court under paragraph 10A of Schedule 9. (2) The appropriate court must amend the order to reflect the effect of the variation notice.

• (5) In paragraph 23 of Schedule 16 (amendment of suspended sentence order) because of change of residence), after sub-paragraph (2) insert—

(3) If the permission is given by the responsible officer— (a) the officer must give notice to the appropriate court of the permission, and (b) the court must amend the suspended sentence order as set out in sub-paragraph (2).

• (6) After paragraph 24 of that Schedule insert—

(24A) (1) This paragraph applies where at any time the responsible officer gives— (a) a copy of a variation notice in relation to a suspended sentence order, and (b) evidence of the offender’s consent to the notice, to the appropriate court under paragraph 10A of Schedule 9. (2) The appropriate court must amend the order to reflect the effect of the variation notice.

Removal of attendance centre requirements for adults

152

• (1) The Sentencing Code is amended in accordance with subsections (2) to (4).

• (2) In section 207(3) (community orders: availability of attendance centre requirement), for the words from “the offender” to the end substitute

— (a) the offender was convicted of the offence before the day on which section 152 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and (b) the offender was aged under 25 when convicted of the offence.

• (3) In section 291(3) (suspended sentence orders: availability of attendance centre requirement), for the words from “the offender” to the end substitute

— (a) the offender was convicted of the offence before the day on which section 152 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and (b) the offender was aged under 25 when convicted of the offence.

• (4) In Schedule 9 (community orders and suspended sentence orders: requirements), in the heading to Part 13, after “Attendance centre requirement” insert “: offenders convicted before the day on which section 152 of the Police, Crime, Sentencing and Courts Act 2022 came into force”.

• (5) Schedule 13 contains related amendments.

Special procedures relating to review and breach

153

Schedule 14 makes provision for, and in relation to, the powers of courts—

• (a) to review community and suspended sentence orders, and

• (b) to commit an offender to custody for breach of a community or suspended sentence order.

Drug testing requirement

154

Schedule 15 amends the Sentencing Code to make provision for a drug testing requirement in community orders and suspended sentence orders.

Unpaid work requirements

Duty to consult on unpaid work requirements

155

After section 10 of the Offender Management Act 2007 insert—

(10A) (1) Each provider of probation services must, in each calendar year, consult the prescribed persons about the work to be performed by persons who— (a) are subject to unpaid work requirements, and (b) are supervised by that provider. (2) In this section “prescribed person” means a person, or a person of a description, prescribed by regulations made by the Secretary of State. (3) In this section “unpaid work requirement” means an unpaid work requirement as defined by— (a) paragraph 10(1) of Schedule 6 to the Sentencing Code (youth rehabilitation orders), (b) paragraph 1(1) of Schedule 9 to the Sentencing Code (community orders and suspended sentence orders), or (c) paragraph 3A(1) of Schedule A1 to the Children Act 1989 (enforcement orders). (4) For the purposes of this section a person is supervised by a provider of probation services if an officer of that provider has functions relating to the person’s compliance with an unpaid work requirement.

CHAPTER 3 — Assaults on those providing a public service etc

Assaults on those providing a public service etc

156

In the Sentencing Act 2020, after section 68 insert—

(68A) (1) This section applies where— (a) a court is considering the seriousness of an offence listed in subsection (3), and (b) the offence is not aggravated under section 67(2). (2) If the offence was committed against a person providing a public service, performing a public duty or providing services to the public, the court— (a) must treat that fact as an aggravating factor, and (b) must state in open court that the offence is so aggravated. (3) The offences referred to in subsection (1) are— (a) an offence of common assault or battery, except where section 1 of the Assaults on Emergency Workers (Offences) Act 2018 applies; (b) an offence under any of the following provisions of the Offences against the Person Act 1861— (i) section 16 (threats to kill); (ii) section 18 (wounding with intent to cause grievous bodily harm); (iii) section 20 (malicious wounding); (iv) section 47 (assault occasioning actual bodily harm); (c) an inchoate offence in relation to any of the preceding offences. (4) In this section— (a) a reference to providing services to the public includes a reference to providing goods or facilities to the public; (b) a reference to the public includes a reference to a section of the public. (5) Nothing in this section prevents a court from treating the fact that an offence was committed against a person providing a public service, performing a public duty or providing services to the public as an aggravating factor in relation to offences not listed in subsection (3). (6) This section has effect in relation to a person who is convicted of the offence on or after the date on which section 156 of the Police, Crime, Sentencing and Courts Act 2022 comes into force.

PART 8 — Youth justice

Youth remand

Youth remand

157

• (1) The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows.

• (2) In section 91 (remands of children otherwise than on bail), after subsection (4) insert—

(4A) Before deciding whether to remand a child to youth detention accommodation in accordance with section 102 the court must consider the interests and welfare of the child.

• (3) In section 98 (first set of conditions for a remand to youth detention accommodation)—

• (a) in subsection (1), after paragraph (a) insert—

(aa) the sentencing condition (see subsection (2A)),

;

• (b) after subsection (2) insert—

(2A) The sentencing condition is that it appears to the court that it is very likely that the child will be sentenced to a custodial sentence for the offence mentioned in section 91(1) or one or more of those offences.

;

• (c) in subsection (4), at the end (after paragraph (b)) insert “, and that the risks posed by the child cannot be managed safely in the community”.

• (4) In section 99 (second set of conditions for a remand to youth detention accommodation)—

• (a) in subsection (3), for “there is a real prospect” substitute “it is very likely”;

• (b) in subsection (5)(a)—

• (i) after “recent” insert “and significant”;

• (ii) after “remand” insert “, and it appears to the court that the history is relevant in all the circumstances of the case”;

• (c) in subsection (6)—

• (i) after “recent” insert “and significant”;

• (ii) after “remand” insert “, and this appears to the court relevant in all the circumstances of the case”;

• (d) in subsection (7), at the end (after paragraph (b)) insert “, and that the risks posed by the child cannot be managed safely in the community”.

• (5) In section 100 (first set of conditions for a remand to youth detention accommodation: extradition cases)—

• (a) in subsection (1), after paragraph (a) insert—

(aa) the sentencing condition (see subsection (2A)),

;

• (b) after subsection (2) insert—

(2A) The sentencing condition is that it appears to the court that, if the child were convicted in England and Wales of an offence equivalent to the offence to which the extradition proceedings relate or one or more of those offences, it is very likely that the child would be sentenced to a custodial sentence for that offence or those offences.

;

• (c) in subsection (4), at the end (after paragraph (b)) insert “, and that the risks posed by the child cannot be managed safely in the community”.

• (6) In section 101 (second set of conditions for a remand to youth detention accommodation: extradition cases)—

• (a) in subsection (3), for “there would be a real prospect” substitute “it is very likely”;

• (b) in subsection (5)(a)—

• (i) after “recent” insert “and significant”;

• (ii) after “remand,” insert “and it appears to the court that the history is relevant in all the circumstances of the case,”;

• (c) in subsection (6)—

• (i) after “recent” insert “and significant”;

• (ii) after “remand” insert “, and this appears to the court relevant in all the circumstances of the case”;

• (d) in subsection (7), at the end (after paragraph (b)) insert “, and that the risks posed by the child cannot be managed safely in the community”.

• (7) In section 102 (remands to youth detention accommodation)—

• (a) in subsection (4), before paragraph (a) insert—

(za) state in open court that it has considered subsections (3) and (4A) of section 91,

;

• (b) in subsection (5), before paragraph (a) insert—

(za) is given in writing to— (i) the child, (ii) any legal representative of the child, and (iii) any youth offending team which appears to the court to have functions in relation to the child,

.

Detention and training orders

Discretion as to length of term

158

In section 236(1) of the Sentencing Code (term of detention and training order), for “4, 6, 8, 10, 12, 18 or 24 months” substitute “at least 4 months but must not exceed 24 months”.

Consecutive detention and training order and sentence of detention: effect of early release decision

159

• (1) In section 237 of the Sentencing Code (making of detention and training order where offender subject to other order or sentence of detention), omit subsection (5).

• (2) In section 241 of that Code (period of detention and training), after subsection (5) insert—

(5A) Where the offender is also subject to a sentence of any of the following kinds that is to take effect, by virtue of an order to which subsection (7) applies, when the offender would otherwise be released for supervision— (a) a sentence of detention under section 250 or 252A, (b) a sentence of detention under section 209 or 224A of the Armed Forces Act 2006, or (c) an extended sentence of detention under section 254 (including one passed as a result of section 221A of the Armed Forces Act 2006), subsection (4) is to be read as if, instead of conferring a power to release the offender, it conferred a power to determine that the Secretary of State would, but for the sentence concerned, have released the offender.

• (3) In section 264AA of the Criminal Justice Act 2003 (consecutive terms: detention and training orders), after subsection (1) insert—

(1A) In a case where the detention and training order was made on or after the day on which section 159 of the Police, Crime, Sentencing and Courts Act 2022 came into force, section 246(1)(a) is to be read as if, instead of conferring a power to release the offender, it conferred a power to determine that the Secretary of State would, but for the detention and training order, have directed the offender’s release under that section.

Detention and training orders: time to count as served

160

Schedule 16 makes provision in relation to the treatment of time spent remanded in custody or on bail as time served in relation to detention and training orders.

Youth rehabilitation orders

Youth rehabilitation orders

161

• (1) Schedule 17 contains amendments to provisions of the Criminal Justice and Immigration Act 2008 and the Sentencing Act 2020 which relate to youth rehabilitation orders.

• (2) In the following provisions of this section, “the relevant YRO provisions” means—

• (a) Parts 2 and 3 of Schedule 17, and

• (b) subsection (1) of this section so far as relating to those Parts.

• (3) Regulations under section 208(1) which bring any of the relevant YRO provisions into force only for a specified purpose or in relation to a specified area may—

• (a) provide for that provision to be in force for that purpose or in relation to that area for a specified period, and

• (b) make transitional or saving provision in connection with that provision ceasing to be in force at the end of the specified period.

• (4) Regulations containing provision by virtue of subsection (3)(a) may be amended by subsequent regulations under section 208(1) so as to continue any of the relevant YRO provisions in force for the specified purpose or in relation to the specified area for a further specified period.

• (5) Accordingly, the reference to section 419(1) of the Sentencing Act 2020, as applied by section 206, to the coming into force of an amendment is to be read as including a reference to the continuing in force of an amendment by reason of subsection (4).

• (6) In subsections (3) and (4), “specified” means specified in regulations under section 208(1).

• (7) Subsection (8) applies if—

• (a) the Secretary of State has made regulations under section 208(1) which make provision permitted by subsection (3), and

• (b) the Secretary of State subsequently makes regulations under section 208(1) which bring any of the relevant YRO provisions into force without making provision permitted by subsection (3).

• (8) The regulations mentioned in subsection (7)(b) may—

• (a) provide that those provisions are to come into force with the amendments specified in the regulations;

• (b) make amendments to the Criminal Justice and Immigration Act 2008 or the Sentencing Act 2020 in consequence of the amendments made by paragraph (a).

• (9) A statutory instrument containing regulations under section 208(1) which make provision permitted by subsection (8) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Abolition of reparation orders

Abolition of reparation orders

162

In section 110(1) of the Sentencing Code (availability of reparation order), before paragraph (a) insert—

(za) the offender is convicted of the offence before the day on which section 162 of the Police, Crime, Sentencing and Courts Act 2022 comes into force,

.

PART 9 — Secure children's homes and secure 16 to 19 Academies

Temporary release from secure children’s homes

163

• (1) This section applies to a person who is detained in a secure children’s home in pursuance of—

• (a) a sentence of detention,

• (b) a detention and training order or a further detention order,

• (c) a detention order under Schedule 5A to the Policing and Crime Act 2009 (breach of gang injunction), or

• (d) a detention order under Schedule 2 to the Anti-social Behaviour, Crime and Policing Act 2014 (breach of anti-social behaviour injunction).

• (2) The Secretary of State or the manager of the home may temporarily release a person to whom this section applies.

• (3) A temporary release under this section may be granted subject to conditions.

• (4) A person who is temporarily released under this section may be recalled at any time by the Secretary of State or the manager of the home (irrespective of which of those granted the release).

• (5) A manager of a secure children’s home must have regard to any guidance issued by the Secretary of State about the use of powers of temporary release under this section.

• (6) In this section—

• “detention and training order” has the same meaning as in the Sentencing Code (see section 233 of that Code) and includes an order made under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 211 of the Armed Forces Act 2006;

• “further detention order” has the same meaning as in Schedule 12 to the Sentencing Code (see paragraph 1 of that Schedule) and includes an order made under section 104(3) of the Powers of Criminal Courts (Sentencing) Act 2000 and a further detention order made by virtue of section 213 of the Armed Forces Act 2006;

• “manager”— in relation to a secure children’s home in England, means the person who is registered under Part 2 of the Care Standards Act 2000 as the manager of the home or, in a case where no such person is registered, the person who is registered under that Part as the person who carries on the home; in relation to a secure children’s home in Wales, means the person who is designated as the responsible individual in respect of the home for the purposes of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016;

• “secure children’s home”— in relation to England, means a children’s home, within the meaning of section 1 of the Care Standards Act 2000, which provides accommodation for the purposes of restricting liberty; in relation to Wales, means residential premises which provide a secure accommodation service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).

• (7) In section 49 of the Prison Act 1952 (persons unlawfully at large), after subsection (4) insert—

(4ZA) For the purposes of this section a person who, after being temporarily released in pursuance of section 163 of the Police, Crime, Sentencing and Courts Act 2022 (temporary release from a secure children’s home), is at large at any time during the period for which they are liable to be detained pursuant to their sentence shall be deemed to be unlawfully at large if the period for which they were temporarily released has expired or if they have been recalled under that section.

Secure 16 to 19 Academies

164

• (1) In section 1B of the Academies Act 2010 (16 to 19 Academies), at the end insert—

(4) A 16 to 19 Academy may provide secure accommodation for its students, but only if it is approved to do so by the Secretary of State. (5) “Secure accommodation” means accommodation that is provided for the purpose of restricting liberty. (6) The Secretary of State may grant approval under subsection (4) subject to conditions. (7) A 16 to 19 Academy which provides secure accommodation for its students is to be known as a secure 16 to 19 Academy.

• (2) In section 12 of that Act (charitable and trust corporation status of Academy proprietors etc), at the end insert—

(5) The setting up, establishment and running of a secure 16 to 19 Academy is to be treated as a charitable purpose that falls within the description in section 3(1)(b) of the Charities Act 2011 (advancement of education) for the purposes of— (a) this section, (b) the Charities Act 2011, and (c) any other enactment that applies (in whatever way) the definition of “charitable purpose” in section 2 of that Act. (6) But subsection (5) is to be disregarded in determining, in accordance with section 3(1)(m) of the Charities Act 2011, whether a purpose may be regarded as analogous to, or within the spirit of, a purpose falling within paragraph (b) of section 3(1) of that Act.

• (3) In section 248(1) of the Sentencing Code (meaning of “youth detention accommodation”), after paragraph (b) insert—

(ba) a secure 16 to 19 Academy,

.

• (4) In the Children’s Homes (England) Regulations 2015 (S.I. 2015/541)—

• (a) in regulation 2 (interpretation), in paragraph (1), in the definition of “secure children’s home”—

• (i) after “means” insert

—

;

• (ii) at the end insert

; or 1. a secure 16 to 19 Academy (see section 1B(4) to (7) of the Academies Act 2010);

;

• (b) in regulation 3 (excepted establishments)—

• (i) in paragraph (1)(b), for “as” substitute “other than a secure 16 to 19 Academy, as those terms are”;

• (ii) omit paragraph (1A).

PART 10 — Management of offenders

CHAPTER 1 — Serious violence reduction orders

Serious violence reduction orders

165

• (1) In Part 11 of the Sentencing Code (behaviour orders) after Chapter 1 insert—