Part 7: Sentencing and release Chapter 1: Custodial sentences Section 153 and Schedule 14: Special procedures relating to review and breach
Section 153 introduces Schedule 14 which makes provision for courts to have powers to review community and suspended sentence orders and to commit an offender to custody for breach of a community or suspended sentence order. This section and Schedule form the legislative basis of the problem-solving court approach.
	Paragraph 1 of Schedule 14 introduces the amendments to the Code.
	Paragraph 2 of Schedule 14 inserts a new section 395A into the Code. New section 395A(1) provides a power for the Secretary of State to make regulations specifying that community orders or suspended sentence orders of a specified description and made within a specified period or after a specified time, may qualify for special procedures for the purpose of one of the provisions set out in subsection (2).That is, the amendments made by one or more of the provisions specified in subsection (2) may apply. Subsection (3) provides that the description specified in regulations may be framed by reference to the courts by which the orders are made, the persons who are subject to the orders, and/or the offences to which the orders relate. Subsection (4) provides that where a description of a community or suspended sentence order is specified in regulations for the first time, those regulations must specify a period of 18 months beginning with the day on which the regulations come into force. This is the pilot period.
	New section 395A(6) specifies which legislative process is required for regulations made by the Secretary of State under that subsection. It requires that where the regulations have the effect of specifying a time-limited extension, this will be subject to the negative resolution procedure and where the extension is for an indefinite period, the affirmative resolution procedure is required.
	Paragraphs 3 to 5 relate to the review of community orders subject to special procedures, i.e. orders to which the amendments made by these provisions apply by virtue of inserted section 395A.
	Paragraph 3 amends section 211 of the Code by disapplying the Crown Court’s power to direct an offender to be supervised by a magistrates’ court where the community order qualifies for special procedures.
	Paragraph 4 amends section 217 of the Code by inserting new subsection (2A) which provides that regulations made under section 217 may not make provision in respect of community orders which qualify for special procedures.
	Paragraph 5 inserts new sections 217A, 217B and 217C into the Code.
	New section 217A(1) confers a discretion on courts to provide that a community order that imposes one or more community requirements, and qualifies for special procedures, may be subject to periodic review. Subsection (2) specifies what must be included in a community order with a review requirement. Subsection (3) specifies that the ‘responsible court’ is the court by which the order was made. Subsection (4) provides that more information about community orders that qualify for special procedures may be found at section 395A.
	New section 217B makes provision for what is to happen at a review hearing. Subsection (1) states that the section applies to review hearings for community orders. Subsection (2) to (3) provide for what the court may and may not do upon review of a community order. Subsection (2) provides that after considering the progress report the court may amend the community order requirements or any provision of the order relating to those requirements. Subsection (3) prohibits the court from making certain amendments of the community order requirements unless the offender expresses willingness to comply with the amended requirement. Subsection (4) makes further provision for the purposes of subsection (3)(a) and has the effect of allowing the court to add an electronic monitoring requirement to an existing requirement (if the offender is willing to comply). Subsection (5) empowers the court to adjourn the review hearing where it considers that an offender has breached a community requirement of an order without reasonable excuse, and to deal with the case forthwith under paragraph 10 or 11 of Schedule 10 to the Code (which set out the powers of the magistrates’ court and Crown Court in breach proceedings). Subsection (6) provides that where a court does not deal with the case forthwith, paragraph 9A of Schedule 10 should be referred to. Subsection (7) is an interpretation provision.
	New section 217C makes provision to allow the court to alter the review arrangements. Subsection (1 ) states that where the court reviews the progress report and forms the opinion that the offender’s progress in complying with the order is satisfactory, subsections (2) and (3) will apply. Subsection (2) provides that where the court forms the opinion that the offender is making satisfactory progress before a review hearing is held, it can dispense with a review hearing. It may also amend the community order to provide that subsequent reviews can be held on the papers, and without a review hearing.
	Subsection (3) provides that where a review hearing is held, the court may amend the community order to provide that subsequent reviews are to be held on the papers. Subsection (4) applies where the court is holding a review on the papers (without a review hearing) and forms the opinion that the offender’s progress is no longer satisfactory. In that case, the court may require the offender to attend a hearing of the court at a specified time and place in the future. Subsection (5) states that at a review hearing the court may amend the community order so as to vary the intervals at which review hearings must take place. Subsection (6) specifies whom these powers are exercisable by. Subsection (7) is an interpretation provision.
	Paragraphs 6 to 10 relate to the review of suspended sentence orders subject to special procedures, i.e. orders to which the amendments made by these provisions apply by virtue of inserted section 395A.
	Paragraph 6 amends section 293 of the Code to provide that nothing in that section applies to orders which qualify for special procedures.
	Paragraph 7 inserts section 293A to the Code which provides for the review of suspended sentence orders which qualify for special procedures.
	New section 293A confers a discretion on courts to provide that a suspended sentence order that imposes one or more community requirements, and qualifies for special procedures may be subject to periodic review. Subsection (2) specifies what must be included in a suspended sentence order with a review requirement. Subsection (3) specifies that the ‘responsible court’ is the court by which the order was made. Subsection (4) provides that more information about suspended sentence orders that qualify for special procedures may be found at new section 395A.
	Paragraph 8 amends section 294 of the Code. Subparagraph (2) ensures that the section applies to reviews of suspended sentence orders subject to special procedures. Subparagraph (3) amends section 294(5) to enable the court to immediately initiate breach proceedings under paragraph 13 of Schedule 16 to the Code where it is of the opinion that the offender has breached a community requirement of a suspended sentence order subject to special procedures without reasonable excuse. Subparagraph (4) inserts new subsection (5A) which provides that where a court does not deal with the case forthwith, paragraph 9A of Schedule 16 should be referred to.
	Paragraph 9 amends section 295 of the Code to apply that provision to reviews of suspended sentence orders qualifying for special procedures.
	Paragraph 10 amends section 297 of the Code by disapplying the Crown Court’s power to direct an offender to be supervised by a magistrates’ court where the suspended sentence order qualifies for special procedures.
	Paragraph 11 amends Schedule 9 to the Code by disapplying the provisions relating to review of orders imposing drug rehabilitation requirements from community orders and suspended sentence orders qualifying for special procedures.
	Paragraph 12 amends Schedule 10 to the Code to provide the court with a power to commit an offender to custody for breach of a community order which qualifies for special procedures.
	Paragraph 12(2) and (3) amends Schedule 10 to the Code to ensure that the offender will be brought before the court which made the order. Paragraph 12(4) inserts new paragraph 9A in Schedule 10 to ensure that a court may initiate breach proceedings even where it does not do so forthwith under section 217B(5) and makes provision for the court to issue a summons or warrant to require the appearance of an offender.
	Paragraph 12(5) amends paragraph 10 of Schedule 10 to the Code which deals with the powers of the magistrates’ court following a breach of a community requirement of an order. This sub-paragraph amends the provision such that it applies where the court is of the opinion that the offender has breached a community order to which special procedures apply. It also inserts new sub-paragraph (ba) which creates an additional power for magistrates’ courts dealing with a community order which qualifies for special procedures, being the power to commit the offender to prison for a period not exceeding 28 days.
	Paragraph 12(6) makes amendments similar to those made by sub-paragraph 12(5) in relation to the powers of the Crown Court.
	Paragraph 12(7) inserts new paragraph 13A into Schedule 10 to the Code. Paragraph 13A provides that a committal to prison under inserted paragraphs 10(5)(ba) or 11(2)(ba) of Schedule 10 may be a committal to a young offender institution in the case of a person under the age of 21. Committal to a young offender institution is to be regarded as legal custody for these purposes. Paragraph 13A(3) provides that no more than three orders for committal to prison under inserted paragraphs 10(5)(ba) and 11(2)(ba) may be made in relation to the same community order.
	Paragraph 12(8) amends paragraph 14 of Schedule 10 to the Code to clarify that if a community order qualifies for special procedures then the ‘appropriate magistrates court’ for the purpose of that paragraph is the court that made the order.
	Paragraph 13 makes amendments to Schedule 16 to the Code to provide the court with a power to commit an offender to custody for breach of a suspended sentence order which qualifies for special procedures.
	Paragraph 13(3) inserts new paragraph 9A to Schedule 16 which mirrors for suspended sentence orders qualifying for special procedures the insertion of paragraph 9A to Schedule 10.
	Paragraph 13(6) amends paragraph 13 of Schedule 16 to the Code which provides powers for the court to deal with the offender for breach of requirements or subsequent convictions. It inserts new paragraph 13(1)(d) and (da) which creates an additional power for courts dealing with a suspended sentence order which qualifies for special procedures, being the power to commit the offender to prison for a period not exceeding 28 days where there has been a breach of a community requirement of the order. This power is only available to the court where the offender is aged 18 or over.
	Paragraph 13(7) amends paragraph 14 of Schedule 16 which provides a duty to activation a suspended sentence order following a breach, where it would not be unjust to do so. It inserts a new paragraph 14(2)(c) to require that where a suspended sentence order qualifies for special procedures, and a community requirement of the order has been breached, the court must consider the possibility of making a committal to custody under paragraph 13(1)(da) when considering whether activating the suspended sentence would be unjust.
	Paragraph 13(8) inserts a new paragraph 16A into Schedule 16 to the Code.
	New paragraph 16A makes provision such that a committal to prison under paragraph 13(1)(da) of Schedule 16 to the Code may be a committal to a young offender institution in the case of a person under the age of 21. Committal to a young offender instruction is to be regarded as legal custody for these purposes. New paragraph 16A(3) provides that no more than three orders for committal to prison under paragraph 13(1)(da) may be made in relation to the same suspended sentence order.
	Part 2 of Schedule 14 introduces prospective amendments to the Code. Paragraph 14(2) would amend paragraph 21 of Schedule 22 to the Code. This ensures that powers to imprison an offender for wilful and persistent breaches of an order, if they were to come into force in the future, would not apply to orders which are subject to special procedures for the purposes of these provisions. Paragraphs 14(3) and 14(4) insert new paragraphs 75A and 78A respectively. These omit references in these provisions to detention in a young offender institution should sentences of detention in a young offender institution be abolished in the future.