Management of Offenders and Sentencing Bill [HL]

House of Lords

Session 2004 - 05
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Other Bills before Parliament

Management of Offenders and Sentencing Bill [HL]

Management of Offenders and Sentencing Bill [HL]
Part 3 — Her Majesty’s Commissioner for Offender Management and Prisons
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unless the complaint, death or matter is treated by the Commissioner as one to
be investigated under this Part by virtue of subsection (3).
(3)
The Commissioner may treat—
(a)
an existing complaint (so far as relating to matters within his
complaints remit) as if it were an eligible complaint;
5
(b)
an existing death investigation relating to a death that would, if it
occurred after the commencement of this section, fall within his deaths
remit as an investigation under section 19;
(c)
an existing referral investigation (so far as relating to matters that could
be the subject of a request under section 21) as an investigation under
10
section 21.
(4)
For the purposes of any complaint, death or matter which is investigated under
this Part by virtue of subsection (3), things done by or in relation to the
Ombudsman shall be treated as having been done by or in relation to the
Commissioner.
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Interpretation of Part 3
(1)
In this Part—
“applicable premises” means a prison, a young offender institution, a
secure training centre or approved premises;
“complaints remit” is to be construed in accordance with section 14(2);
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“deaths remit” is to be construed in accordance with section 19(2);
“document” includes information recorded in any form;
“eligible complaint” has the meaning given by section 14(1);
“excepted premises” means any premises of a description specified in an
order under subsection (2);
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“events” includes any conduct or omission;
“immigration custody officer” means—
(a)
a detainee custody officer;
(b)
an officer who is performing functions conferred on him under
section 154(5) of the Immigration and Asylum Act 1999 (c. 33);
30
or
(c)
an officer who is performing functions as a result of a contract
entered into under section 156(4)(b) of that Act;
“immigration detention premises” means premises which are the subject
of a direction under paragraph 18 of Schedule 2 to the Immigration Act
35
1971 (c. 77);
“prison custody officer” means—
(a)
an officer of a prison, of a young offender institution or of a
secure training centre; or
(b)
a prisoner custody officer;
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“relevant person”, in relation to a complaint, has the meaning given by
section 14(7).
(2)
The Secretary of State may by order specify descriptions of immigration
detention premises which are to be excepted premises for the purposes of this
Part (or, if the order so provides, for the purposes of a specified provision of
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this Part).

Management of Offenders and Sentencing Bill [HL]
Part 3 — Her Majesty’s Commissioner for Offender Management and Prisons
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(3)
For the purposes of this Part the following persons are controlling
authorities—
(a)
the Secretary of State;
(b)
governors and directors of prisons, young offender institutions and
secure training centres;
5
(c)
managers of removal centres;
(d)
managers of short-term holding facilities by virtue of the extension of
section 148 of the Immigration and Asylum Act 1999 (c. 33) to such
facilities by regulations made under section 157 of that Act;
(e)
persons with whom the Secretary of State has made arrangements
10
under section 80 of the Criminal Justice Act 1991 (c. 53) or under section
156 of the Immigration and Asylum Act 1999;
(f)
the Youth Justice Board;
(g)
local probation boards;
(h)
organisations with which a local probation board has made
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arrangements of the kind mentioned in section 5(2)(a) of the Criminal
Justice and Court Services Act 2000 (c. 43);
(i)
an independent monitoring board under section 6 of the Prison Act
1952 (c. 52) or a visiting committee under section 152 of the
Immigration and Asylum Act 1999;
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(j)
any person of a description specified in an order made by the Secretary
of State.
(4)
In this Part references to the High Court include a reference—
(a)
to the Court of Session (in so far as this Part extends to Scotland); and
(b)
to the High Court of Northern Ireland (in so far as this Part extends to
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Northern Ireland).
(5)
References in this Part to a person being held at applicable premises mean, in
the case of approved premises, a person accommodated there in pursuance of
section 9(1) of the Criminal Justice and Court Services Act 2000.
(6)
In this section—
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“approved premises” has the same meaning as in Part 1 of the Criminal
Justice and Court Services Act 2000;
“detainee custody officer”, “removal centre” and “short-term holding
facilities” have the same meanings as in Part 8 of the Immigration and
Asylum Act 1999;
35
“prison” has the same meaning as in the Prison Act 1952;
“prisoner custody officer” has the same meaning as in Part 4 of the
Criminal Justice Act 1991.
35
Power to modify certain provisions of Part 3
(1)
The Secretary of State may by order modify Schedule 2 so as to—
40
(a)
add a description of matter to that Schedule; or
(b)
amend or repeal any description of matter for the time being specified
there.
(2)
The power in subsection (1)(b) may not be exercised so as to exclude any
matters that fall within a description specified in Schedule 2 when this Act is
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passed.
(3)
The Secretary of State may by order modify Schedule 3 so as to—

Management of Offenders and Sentencing Bill [HL]
Part 4 — Sentencing
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(a)
add a description of death; or
(b)
amend or repeal any description of death for the time being specified
there.
(4)
The power in subsection (3)(b) may not be exercised so as to exclude any deaths
that fall within a description specified in Schedule 3 when this Act is passed.
5
(5)
The Secretary of State may by order modify subsection (2) of section 21 so as
to—
(a)
add a description of events; or
(b)
amend or repeal any description of events for the time being specified
in that subsection.
10
(6)
The Secretary of State may by order modify section 28 so as to—
(a)
add an exception to subsection (3);
(b)
amend or repeal an exception for the time being specified in that
subsection; or
(c)
specify further circumstances in which subsection (9) does not apply.
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(7)
The power in subsection (6)(b) may not be exercised so as to remove an
exception contained in section 28(3) when this Act is passed.
(8)
An order under this section may make consequential provision (including
provision modifying any Act or subordinate legislation).
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Power to confer new functions on Commissioner
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(1)
The Secretary of State may by order—
(a)
confer additional functions on the Commissioner;
(b)
confer functions on the Secretary of State in relation to any additional
function conferred on the Commissioner; or
(c)
provide for the application in relation to any such additional function
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of any provisions of this Part, with or without modifications.
(2)
An order under this section may make consequential provision (including
provision modifying any Act or subordinate legislation).
Part 4
Sentencing
30
Sentencing Guidelines Council
37
Guidelines relating to sentencing
In section 170 of the Criminal Justice Act 2003 (c. 44) (Sentencing Guidelines
Council to frame or revise guidelines relating to sentencing etc) in subsection
(5) (Council to have regard to certain matters) after paragraph (c) insert—
35
“(ca)
the resources that are, or are in future likely to be, available for
giving effect to sentences imposed by courts in England and
Wales,”.

Management of Offenders and Sentencing Bill [HL]
Part 4 — Sentencing
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Awareness of sentencing matters
(1)
After section 172 of the Criminal Justice Act 2003 (c. 44) insert—
“172A
Awareness of sentencing matters
(1)
The Council may promote among persons falling within subsection (2)
awareness of matters relating to the sentencing of offenders by courts
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in England and Wales.
(2)
The persons are—
(a)
persons by whom the jurisdiction of the Crown Court is
exercisable;
(b)
persons by whom the criminal jurisdiction of a magistrates’
10
court is exercisable.
(3)
The matters may, in particular, include—
(a)
the sentences imposed by courts in England and Wales;
(b)
the cost of different sentences and their relative effectiveness in
preventing re-offending;
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(c)
the resources that are, or are in future likely to be, available for
giving effect to sentences imposed by courts in England and
Wales;
(d)
the manner in which courts sentence offenders or exercise any
other function relating to the sentencing of offenders.”
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(2)
After section 172A (as inserted by subsection (1)) insert—
“172B
Assistance by Panel
The Council may request the Panel to assist it in the carrying out of its
functions under section 172A; and the Panel may, on receiving such a
request, provide such assistance.”
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Requirements for passing a community sentence
39
Restriction on imposing community sentences
In section 148 of the Criminal Justice Act 2003 (restrictions on imposing
community sentences), after subsection (4) insert—
“(5)
The fact that by virtue of any provision of this section—
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(a)
a community sentence may be passed in relation to an offence;
or
(b)
particular restrictions on liberty may be imposed by a
community order or youth community order,

does not require a court to pass such a sentence or to impose those
35
restrictions.”
Alteration of standard scale etc
40
Maximum fines for summary or either way offences
(1)
In section 37(2) of the Criminal Justice Act 1982 (c. 48) (table of standard scale
of fines for summary offences), for the table showing the standard scale
40

Management of Offenders and Sentencing Bill [HL]
Part 4 — Sentencing
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substitute—

“Level on the scale

Amount of fine

1

£750

2

£1,500

3

£3,000

5

4

£7,500

5

£15,000”.

(2)
In section 24 of the Magistrates’ Courts Act 1980 (c. 43)—
(a)
in subsection (3) (maximum fine on summary conviction of young
person for indictable offence), for “£1,000” substitute “£3,000”;
10
(b)
in subsection (4) (maximum fine on summary conviction of child for
summary offence)—
(i)
for “£1,000” substitute “£3,000”, and
(ii)
for “£250” substitute “£750”.
(3)
In section 32 of that Act (penalties on summary conviction for offence triable
15
either way), in the definition of “the prescribed sum” in subsection (9), for
“£5,000” substitute “£15,000”.
(4)
In section 135 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)—
(a)
in subsection (1) (maximum fine on conviction of young person by
magistrates’ court), for “£1,000” (in both places) substitute “£3,000”;
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(b)
in subsection (2) (maximum fine on conviction of child by magistrates’
court)—
(i)
for “£1,000” substitute “£3,000”, and
(ii)
for “£250” substitute “£750”.
(5)
Schedule 5 (which provides for new maxima for certain compensation orders,
25
fines etc, and substitutes a new table in Schedule 6A to the Magistrates’ Courts
Act 1980) has effect.
(6)
Where a statutory provision specifies, as the amount or maximum amount of
any fine or penalty, an amount shown in the first column of the following table
(which lists the amounts of fine for the five levels on the standard scale before
30
its amendment by subsection (1)), the Secretary of State may by order amend
the provision so as to increase the amount specified to the corresponding
amount in the second column (which lists the amounts of fine for the levels on
that scale as amended by subsection (1)).

Present amount

Amount to which it

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may be increased

£200

£750

£500

£1,500

Management of Offenders and Sentencing Bill [HL]
Part 4 — Sentencing
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Present amount

Amount to which it

may be increased

£1,000

£3,000

£2,500

£7,500

£5,000

£15,000

5


In this subsection “statutory provision” means any provision contained in an
Act passed before the commencement of this section or in an instrument made
under any Act before that commencement.
41
Imprisonment for default in paying fine etc
(1)
In paragraph 1 of Schedule 4 to the Magistrates’ Courts Act 1980 (c. 43)
10
(maximum periods of imprisonment in default of payment), for the table
substitute—
“Table

An amount not exceeding £750
21 days

An amount exceeding £750
35 days

15

  but not exceeding £1,500

An amount exceeding £1,500
49 days

  but not exceeding £3,000

An amount exceeding £3,000
70 days

  but not exceeding £7,500

20

An amount exceeding £7,500
3 months

  but not exceeding £15,000

An amount exceeding £15,000
6 months

but not exceeding £30,000

An amount exceeding £30,000
12 months”.

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(2)
In the table in section 139(4) of the Powers of Criminal Courts (Sentencing) Act
2000 (c. 6) (maximum periods of imprisonment for default in paying fine etc
imposed by Crown Court), for the first nine entries substitute—

“An amount not exceeding £750
21 days

An amount exceeding £750
35 days

30

  but not exceeding £1,500

An amount exceeding £1,500
49 days

  but not exceeding £3,000

An amount exceeding £3,000
70 days

  but not exceeding £7,500

35

Management of Offenders and Sentencing Bill [HL]
Part 4 — Sentencing
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An amount exceeding £7,500
3 months

  but not exceeding £15,000

An amount exceeding £15,000
6 months

  but not exceeding £30,000

An amount exceeding £30,000
12 months

5

  but not exceeding £50,000

An amount exceeding £50,000
18 months

  but not exceeding £75,000

An amount exceeding £75,000
2 years”.

  but not exceeding £100,000

10

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Unpaid work or curfew for default in paying fine etc
(1)
Schedule 31 to the Criminal Justice Act 2003 (c. 44) (default orders:
modification of provisions relating to community orders) is amended as
follows.
(2)
In paragraph 2(2) (modification of unpaid work requirement), in the
15
substituted section 199(2)(b) of the Criminal Justice Act 2003, for the table
substitute—
       “Table

Amount
Number of

hours

20

An amount not exceeding
50 hours

  £750

An amount exceeding £750
100 hours

  but not exceeding £1,500

An amount exceeding £1,500
150 hours

25

  but not exceeding £3,000

An amount exceeding £3,000
225 hours

  but not exceeding £7,500

An amount exceeding £7,500
300 hours”.

(3)
In paragraph 3(2) (modification of curfew requirement), in the substituted
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