Press Release

Community Justice Courts get sentence review powers

31st March 2006

Offenders going through two community justice courts in northern England could have their community penalty assessed as they carry out their sentence.
Constitutional Affairs minister Harriet Harman QC MP said the new powers, which come into effect today will enable the Community Justice Centre in North Liverpool and Salford Community Justice Initiative, based in a magistrates' court, to review community sentences as they see fit.
A review of a community sentence by either court could mean that the offender is brought back before the judge or magistrate and for their progress in serving the penalty assessed.
The new powers, which will be made by an order under the Criminal Justice Act 2003, specifically enables the judges and magistrates to:

 

Harriet Harman said:


"The orders will ensure that judges and magistrates at the North Liverpool Centre and in Salford are able to monitor the progress of a community order during the actual sentence and encourage or censure where necessary.
"Giving these powers to North Liverpool and Salford means we will be able to rigorously test their capabilities and develop systems to manage them which will be of benefit to all criminal courts in the future.
"The continued interest of the judge or magistrates will have a very positive effect on offenders, some of whom have never experienced having someone in their life to take such an interest.
"Community justice works, and continued supervision and support for offenders is a crucial element of this.
The two courts will also be able to require the offender to attend each review hearing and ask the responsible officer, for example a probation officer or youth worker, to provide a progress report for the offender.


Notes to Editors
1. The new powers are contained in section 178 of the Criminal Justice Act 2003.
2. Offenders required to attend review hearings may qualify for legal advice and are subject to the justice test. However, it is not expected that attendance will be required in many cases.
3. In the situation, that the court judges that the offender has breached the requirements of the community, then the judge will adjourn the review hearing and order a breach hearing where the offender will be represented by a lawyer. The court can extend the duration of a particular requirement (subject to any limit imposed by Chapter 4 of Part 12 of the Criminal Justice Act 2003) but may not extend the date specified under section 177(5) of the Criminal Justice Act 2003 by which all the requirements in the order must have been complied with.
4. During a review, the bench cannot impose a more onerous order, give an order of a different type or make an order longer without the agreement of the offender.
5. If the community order consists of a drug rehabilitation requirement and another requirement, the drug rehabilitation requirement can only be reviewed in accordance with section 210 of the Criminal Justice Act 2003. But the order allows the courts involved in the pilot to review the other requirement.
6. As part of the reform of the sentencing structure in the Criminal Justice Act 2003, the various kinds of community sentences for adults were replaced by a single generic community order with a range of possible requirements. Courts are able to choose different elements to make up a bespoke community order. The new community order only applies to offences committed on or after that 4 April 2005.
ENDS

 

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