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A

BILL

TO

Make provision requiring certain prisoners due to be considered for early

release to complete a relevant offender management programme, where

available; to require courts to take regard of mental health problems in

sentencing; to make provision regarding minimum and maximum sentences;

and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1 Maximum and minimum sentences

(1) When sentencing a person to serve a sentence of imprisonment for a

determinate term the court shall state the maximum time that shall be served

in prison (“the maximum sentence”).

(2) 5When sentencing a person to serve a sentence of imprisonment for a

determinate term the court shall state the minimum time that shall be served

in prison (“the minimum sentence”).

(3) The minimum sentence must be less than half, but no less than one-third, of the

maximum sentence.

(4) 10In determining the maximum and minimum sentence the court shall have

regard to the seriousness of the offence.

(5) When sentencing a person to serve a sentence of imprisonment for a

determinate term the court may request a pre-sentence report from a suitably

qualified employee of the relevant Probation Trust.

(6) 15In this Act “a sentence of imprisonment for a determinate term” means the

types of sentence listed under section 237(1)(a) and (b) of the Criminal Justice

Act 2003.

2 Consideration of mental health problems

In determining whether or not to impose a sentence of imprisonment a court

20must have regard, in addition to the seriousness of the offence, to any mental

Criminal Justice (Amendment) BillPage 2

health problems displayed by the offender as identified by psychological or

psychiatric assessments that are carried out following the commission of the

offence as well as any subsequent psychological or psychiatric assessments

and the likelihood of the person being involved in further similar serious

5offending.

3 Amendments to the Criminal Justice Act 2003

(1) The Criminal Justice Act 2003 is amended as follows.

(2) In section 244(2) at end insert “and subsections (4) to (8)”.

(3) After section 244(3) insert—

(4) 10Before granting release on licence under this section to a person serving

a sentence of imprisonment of four years or more the relevant Parole

Board must take into consideration whether the offender has

undergone a relevant offender management programme as part of its

determination of whether that individual is considered low risk of

15harm to the public and low risk of reoffending..

(4) After section 244(4) insert—

(5) A person subject to imprisonment for public protection purposes shall

have the sentence reviewed by the relevant Parole Board at least every

two years.

(6) 20It shall be the responsibility of the Secretary of State to ensure that all

persons subject to imprisonment for public protection purposes shall

have access to relevant offender management programmes for the

duration of their imprisonment.

(7) In determining whether to recommend an individual sentenced to

25imprisonment for public protection purposes for release on licence the

relevant Parole Board shall have regard to the availability and

completion of relevant offender management programmes, but must

not make such release conditional on the person participating in

offender management programmes if it is satisfied that those

30programmes are not available.

(8) In this section “imprisonment for public protection” is as defined in

section 225(4) of this Act..

4 Short title, commencement and extent

(1) This Act may be cited as the Criminal Justice (Amendment) Act 2011.

(2) 35This Act comes into force on the day on which it is passed.

(3) This Act extends to England and Wales only.

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