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 4 — Sentencing
26

section 204(2A) of the Criminal Justice Act 2003, for the table substitute—
       “Table

Amount
Number of

days

An amount not exceeding
28 days

5

  £750

An amount exceeding £750
56 days

  but not exceeding £1,500

An amount exceeding £1,500
90 days

  but not exceeding £3,000

10

An amount exceeding £3,000
135 days

  but not exceeding £7,500

An amount exceeding £7,500
180 days”.

Daily income fines
43
Fixing of fines by reference to daily disposable income
15
(1)
In section 164 of the Criminal Justice Act 2003 (c. 44) (fixing of fines), after
subsection (5) insert—
“(6)
Subsections (2) to (5) are subject to sections 164A and 164B.”
(2)
After section 164 insert—
“164A
Fixing   of fines by reference to daily disposable income
20
(1)
This section applies where an individual aged 18 or over is convicted
by a magistrates’ court of—
(a)
a summary offence punishable by a fine not exceeding a level on
the standard scale, or
(b)
an offence triable either way and punishable, on summary
25
conviction, by a fine not exceeding the statutory maximum (a
“statutory maximum offence”).
(2)
The amount of any fine imposed by the magistrates’ court on the
offender in respect of the offence is to be the appropriate number of
income units multiplied by the value of an income unit in the offender’s
30
case.

This is subject to the following provisions of this section and section
164B.
(3)
The appropriate number of income units is that which, in the opinion
of the court, reflects the seriousness of the offence, taking into account
35
all the circumstances of the case.
(4)
That number may not exceed—
(a)
if the offence is a statutory maximum offence, 200;

Management of Offenders and Sentencing Bill [HL]
Part 4 — Sentencing
27

(b)
if the offence is punishable by a fine not exceeding a particular
level on the standard scale, the number given by the following
table.

Level on the standard scale
Number of income units

                       1
                   10

5

                       2
                   20

                       3
                   40

                       4
                   100

                       5
                   200

(5)
The value of an income unit in the case of an offender is the amount
10
determined by the court, in accordance with rules made by the Lord
Chancellor, to be the offender’s daily disposable income.
(6)
If the rules prescribe a minimum amount, the offender’s daily
disposable income is to be taken as that amount if in fact it is less.
(7)
The offender’s daily disposable income is to be taken as 1/200th of level
15
5 on the standard scale if in fact it is more.
(8)
Where—
(a)
section 164(5)(a) or (b) applies in the case of an offender, and
(b)
the court considers that it has insufficient information to make
a proper determination of the amount of the offender’s daily
20
disposable income in accordance with the rules,

it may make such determination of the amount as it thinks fit.
(9)
Any statutory provision under which the Crown Court’s powers to
deal with an offender are the same as, or are limited to, those of a
magistrates’ court has effect as if this section had not been enacted.
25
164B
Alteration of amount of fine
(1)
This section applies where the amount of a fine falls to be fixed by a
magistrates’ court under section 164A.
(2)
If the offence for which the fine is imposed is a penalty offence, a fixed
penalty offence or a TV licence offence, the court may increase the
30
amount of the fine to an amount not exceeding—
(a)
in the case of a penalty offence, the amount of the penalty;
(b)
in the case of a fixed penalty offence, the amount of the fixed
penalty;
(c)
in the case of a TV licence offence, the amount of the relevant TV
35
licence fee.
(3)
If the magistrates’ court orders the offender to pay a surcharge under
section 161A, the court may reduce the amount of the fine on account
of the surcharge but only to the extent that he has insufficient means to
pay both.
40

Management of Offenders and Sentencing Bill [HL]
Part 5 — Miscellaneous provisions
28

(4)
If the magistrates’ court makes a compensation order against the
offender, nothing in section 164A(2) prevents it from reducing the
amount of the fine in accordance with section 130(12) of the Sentencing
Act.
(5)
Any increase or reduction of a fine made by virtue of this section is to
5
be made by increasing or reducing the amount that has been
determined under section 164A(2) (rather than by adjusting the
number of income units).
(6)
In this section—
“penalty offence” has the same meaning as it has for the purposes
10
of Chapter 1 of Part 1 of the Criminal Justice and Police Act
2001;
“fixed penalty offence” has the same meaning as it has for the
purposes of Part 3 of the Road Traffic Offenders Act 1988;
“TV licence offence” means an offence under section 363 of the
15
Communications Act 2003 (use of television receiver without
licence);
“relevant TV licence fee”, in relation to an offender, means the sum
that he would be liable to pay by virtue of regulations under
section 365(1) of that Act on the issue of a licence under Part 4
20
of that Act.”
44
Application to certain contempts etc
Schedule 6 (fixing of fines by reference to daily disposable income in case of
certain contempts etc) has effect.
General
25
45
Minor and consequential amendments
Schedule 7 (minor and consequential amendments relating to Part 4) has effect.
46
Transitional provision
(1)
Neither section 40 nor section 43 applies in relation to offences committed
before the commencement of that section.
30
(2)
Schedule 6 does not apply in relation to a refusal, contempt or failure to comply
occurring before the commencement of that Schedule.
Part 5
Miscellaneous provisions
Polygraph condition for certain licences
35
47
Release on licence: polygraph condition
(1)
This section applies where a person serving a relevant custodial sentence in
respect of a relevant sexual offence is released on licence by the Secretary of
State under any enactment.

Management of Offenders and Sentencing Bill [HL]
Part 5 — Miscellaneous provisions
29

(2)
This section does not apply if at the time of his release on licence he is aged
under 18.
(3)
The Secretary of State may include a polygraph condition in the person’s
licence.
(4)
“Relevant custodial sentence” means—
5
(a)
a sentence of imprisonment for a term of twelve months or more
(including such a sentence imposed under section 227 of the Criminal
Justice Act 2003 (c. 44)),
(b)
a sentence of detention in a young offender institution for a term of
twelve months or more,
10
(c)
a sentence of detention under section 90 of the Powers of Criminal
Courts (Sentencing) Act 2000 (c. 6),
(d)
a sentence of detention under section 91 of the Powers of Criminal
Courts (Sentencing) Act 2000 for a period of twelve months or more,
(e)
a sentence of custody for life under section 93 or 94 of the Powers of
15
Criminal Courts (Sentencing) Act 2000, or
(f)
a sentence of detention under section 226 or 228 of the Criminal Justice
Act 2003.
(5)
“Relevant sexual offence” means—
(a)
an offence specified in Part 2 of Schedule 15 to the Criminal Justice Act
20
2003 (specified sexual offences),
(b)
an offence specified in paragraphs 1 to 21 of Schedule 16 to that Act
(offences under the law of Scotland), or
(c)
an offence specified in Part 2 of Schedule 17 to that Act (offences under
the law of Northern Ireland).
25
48
Polygraph condition
(1)
For the purposes of section 47, a polygraph condition is a condition which
requires the released person to participate in polygraph sessions conducted
with a view to—
(a)
monitoring his compliance with the other conditions of his licence;
30
(b)
improving the way in which he is managed during his release on
licence.
(2)
A polygraph session is a session during which a person (a “polygraph
operator”)—
(a)
administers one or more polygraph examinations to the released
35
person, and
(b)
interviews the released person in preparation for, or otherwise in
connection with, the administration of the examination or
examinations.
(3)
For the purposes of subsection (2), a polygraph examination is a procedure in
40
which—
(a)
the polygraph operator administering the examination questions the
released person,
(b)
the questions and the released person’s answers are recorded, and
(c)
the released person’s physiological reactions while being questioned
45
are measured and recorded by means of equipment of a type approved
by the Secretary of State.

Management of Offenders and Sentencing Bill [HL]
Part 5 — Miscellaneous provisions
30

(4)
A requirement to participate in polygraph sessions operates to require the
released person—
(a)
to participate in polygraph sessions at such times as may be specified
in instructions given by an officer of a local probation board, and
(b)
while participating in a polygraph session, to comply with instructions
5
given to him by the polygraph operator.
(5)
The Secretary of State may from time to time issue guidance as regards the
giving of instructions under subsection (4)(a).
(6)
The Secretary of State may make rules as to the conduct of polygraph sessions.
(7)
The rules may, in particular, require polygraph operators to be persons who
10
satisfy such requirements as to qualifications, experience and other matters as
are specified in the rules.
49
Amendment of the Criminal Justice Act 2003
In section 250(4) of the Criminal Justice Act 2003 (c. 44) (licence conditions for
prisoners serving sentences of imprisonment of twelve months or more etc), in
15
paragraph (b)(i) after “Criminal Justice and Court Services Act 2000” insert “or
section 47 of the Management of Offenders and Sentencing Act 2005”.
50
Evidence from polygraph sessions
(1)
This section applies if a person participates in a polygraph session pursuant to
the requirements of a polygraph condition.
20
(2)
Evidence of the matters falling within subsection (3) may not be used—
(a)
in any criminal proceedings in which the person is a defendant;
(b)
in any proceedings on an appeal from such criminal proceedings.
(3)
The matters are—
(a)
any statement made by the person while participating in the polygraph
25
session;
(b)
the person’s physiological reactions while being questioned in the
course of a polygraph examination administered to him during the
polygraph session.
(4)
In this section—
30
“defendant”, in relation to criminal proceedings, means a person charged
with an offence in those proceedings;
“polygraph condition”, “polygraph examination” and “polygraph
session” have the same meaning as in section 48.
Attendance centres
35
51
Attendance centres
(1)
In section 223 of the Criminal Justice Act 2003 (power of Secretary of State to
amend limits) after subsection (3) insert—
“(4)
The Secretary of State may by order amend the provisions mentioned
in subsection (5)—
40

Management of Offenders and Sentencing Bill [HL]
Part 6 — Supplementary
31

(a)
by substituting, for the age for the time being specified in those
provisions, such other age as may be specified in the order
being no lower than 25;
(b)
by omitting the words “in a case where the offender is aged
under” and the age for the time being specified immediately
5
after them; or
(c)
if those provisions are amended under paragraph (b), by
restoring the words “in a case where the offender is aged under”
and inserting after them an age which is no lower than 25.
(5)
Those provisions are—
10
(a)
section 177(1)(l) (community order may include an attendance
centre requirement);
(b)
section 182(1)(h) (licence conditions may include an attendance
centre requirement);
(c)
section 190(1)(l) (suspended sentence order may include an
15
attendance centre requirement).”
(2)
In section 221(2) of that Act (definition of “attendance centre”) the words “aged
under 25” shall cease to have effect.
Electronic monitoring
52
Electronic monitoring of the whereabouts of certain offenders
20
Schedule 8 (which makes provision in connection with the imposition in a
community order or suspended sentence order of a requirement for the
electronic monitoring of the whereabouts of the offender) has effect.
53
Electronic monitoring as condition of bail
Schedule 9 (which makes provision in connection with the electronic
25
monitoring of persons on bail) has effect.
Part 6
Supplementary
54
Orders and rules
(1)
Any power of the Secretary of State to make an order or rules under this Act is
30
exercisable by statutory instrument.
(2)
An order or rules under this Act may contain transitional or saving provision.
(3)
An order under section 14(3), 34(2), 35 or 36 shall not be made unless a draft of
it has been laid before, and approved by a resolution of, each House of
Parliament.
35
(4)
A statutory instrument containing any other order under this Act (except an
order under section 57(3)) or rules under section 48(6) is subject to annulment
in pursuance of a resolution of either House of Parliament.