New Clause 53

Part of Criminal Justice and Immigration Bill – in a Public Bill Committee am 5:45 pm ar 29 Tachwedd 2007.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Nicholas Winterton Nicholas Winterton Ceidwadwyr, Macclesfield 5:45, 29 Tachwedd 2007

With this it will be convenient to discuss the following: New clause 54—Conditional discharge —

‘In the Crime and Disorder Act 1998, omit section 66(4).’.

New clause 57—Restrictions on custodial sentences for offenders aged under 18

‘(1) In the title of section 152 of the Criminal Justice Act 2003 (c. 44) (general restrictions on imposing discretionary custodial sentences), after “general restrictions on imposing discretionary custodial sentences”, insert “on offenders aged 18 or above”.

(2) In section 152(1) of that Act after “where a person”, insert “aged 18 or above”.

(3) After section 152 of that Act insert—

“152A Restrictions on custodial sentences for offenders aged under 18

(1) Notwithstanding anything in this or any other Act, a court shall only pass a sentence of custody on a person under the age of 18 as a measure of last resort and where—

(a) the offence committed caused or could reasonably have been expected to cause serious physical or mental harm to another or others, and

(b) a custodial sentence is necessary to protect the public from a demonstrable and imminent risk of serious physical or mental harm.

(2) The court shall state in open session its reasons for passing any sentence of custody under this section.”.

(4) In section 90 of the Powers of Criminal Courts (Sentencing) Act 2000—

(a) after the words “the court shall”, omit “(notwithstanding anything in this or any other Act)”; and

(b) after the words “at the time the offence was committed” insert “and if the conditions set out in section 152A of the Criminal Justice Act 2003 are met”.

(5) In section 91(3) of the Powers of Criminal Courts (Sentencing) Act 2000, before the words “the court may” insert “and if the conditions set out in section 152A of the Criminal Justice Act 2003 are met.”.

(6) In section 100 of the Powers of Criminal Courts (Sentencing) Act 2000—

(a) in subsection (1)(a) omit “sections 226 and 228 of the Criminal Justice Act 2003”;

(b) for subsection (1)(b) there is substituted—

“(b) the court is of the opinion that the conditions set out in section 152A of the Criminal Justice Act 2003 are met”.

(7) In the Criminal Justice Act 2003, omit sections 226 and 228.’.

New clause 58—Pre-sentence reports and other requirements for persons under the age of 18

‘(1) At the end of section 156 of the Criminal Justice Act 2003 (c. 44) (procedural requirements for imposing community sentences and discretionary custodial sentences: pre-sentence reports and other requirements) insert—

“(9) All provisions of this section are subject to the requirements of section 156A below in relation to offenders aged under 18.”.

(2) After section 156 insert—

“156A Pre-sentence reports and other requirements for persons aged under 18 before a custodial sentence may be imposed

(1) A court shall not pass a sentence of custody on a person under the age of 18 unless it has obtained and considered a pre-sentence report which includes information from the relevant local authority stating—

(a) the circumstances relating to the offender and the offence or offences of which the offender has been convicted,

(b) whether the offender appears to be a child in need as set out in section 17 of the Children Act 1989, and if so details of the offender’s needs as assessed by the local authority, and

(c) the services the local authority has provided to meet the needs of the child or young person.

(2) The court may require the attendance at court of a senior official of the relevant local authority or any other local authority in order to determine what further services may be provided which may prevent or avoid the need for a custodial sentence.

(3) The court may not pass a custodial sentence unless it is satisfied—

(a) if the offender is a child in need, that services have been provided by the local authority which were appropriate or sufficient to meet the child’s needs, and

(b) that the provision of further, or any, services by the local authority would not prevent or avoid the need for a custodial sentence, unless a custodial sentence is necessary to protect the public from an imminent and demonstrable risk of serious physical or mental harm.

(4) Each local authority must submit an annual report to the Secretary of State and the Lord Chancellor setting out the numbers and circumstances of all the children who have been sentenced to custody from that local authority area.

(5) For the purposes of this section “relevant local authority” means the local authority in which the offender was habitually resident at the time of committing the offence or offences in relation to which sentencing is being considered by the court. In the event that the offender is no longer resident in that local authority area at the time of sentencing, or if there is any doubt as to the relevant local authority, the court may of its own volition or upon the request of any party determine which is the relevant local authority.”.’.

Each of those proposed new clauses has been tabled in the name of the hon. Member for Somerset and Frome. Have I got that right?

Several hon. Members Somerton.