New clause 3 - Anti-social behaviour declarations: criminal proceedings
Housing Benefit (Withholding of Payment) Bill
4:30 pm
'(1) This section applies where—
(a) on any occasion a person (''the offender'') is convicted of one or more offences by or before a court, but
(b) a custodial sentence of a year or more is not imposed on the offender in respect of the conviction, or any of the convictions.
(2) If it appears to the prosecutor that, by reason of any or all of the conduct giving rise to the conviction or convictions, the offender may have behaved in an anti-social manner, the prosecutor must notify the court to that effect.
(3) Where—
(a) the court is notified under subsection (2), and
(b) it is satisfied that, by reason of any or all of the conduct giving rise to the conviction or convictions, the offender has behaved in an anti-social manner,
it must make a declaration that he has so behaved.
(4) A declaration under this section must specify the day on which the conduct in respect of which it is made occurred or, if that conduct occurred on more than one day, the earliest and latest days on which it occurred.
(5) For the purposes of this section, a person has behaved in an anti-social manner if his conduct caused, or was likely to cause, harassment, alarm or distress to one or more persons (not of the same household as himself) residing in, visiting, or otherwise engaged in lawful activity in, the locality of his home.
(6) In this section—
(a) any reference to a conviction includes a conviction in relation to which a court makes an order for a conditional discharge (but not a conviction in relation to which a court makes an order for an absolute discharge), and
(b) ''custodial sentence''—
(i) in relation to England and Wales, has the meaning given in section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 (c.6), and
(ii) in relation to Scotland, means a sentence as defined in section 307(1) of the Criminal Procedure (Scotland) Act 1995 (c.46).
(7) In section 50 of the Criminal Appeal Act 1968 (c.19) (meaning of ''sentence''), in subsection (1), after paragraph (h) insert ''; and
(i) a declaration under section (anti-social behaviour declarations: criminal proceedings) of the Housing Benefit (Withholding of Payment) Act 2002 (anti-social behaviour declarations: criminal proceedings).''
(8) In section 108 of the Magistrates' Courts Act 1980 (c.43) (rights of appeal), at the end of subsection (3) insert ''and a declaration under section (anti-social behaviour declarations: criminal proceedings) of the Housing Benefit (Withholding of Payment) Act 2002 (anti-social behaviour declarations: criminal proceedings).''
For the purposes of any appeal or review, a declaration under this section made by a court in Scotland is a sentence.'.—[Malcolm Wicks.]
Brought up, and read the First time.
Motion made, and Question put, That the clause be read a Second time:—
The Committee divided: Ayes 10, Noes 1.