|
| |
| |
(a) | on return to prison, be informed that he or she will be released |
| |
under this section (subject to subsection (9)), and |
| |
(b) | at the end of the 28 day period mentioned in section 255A(3), be |
| |
released by the Secretary of State on licence under this Chapter |
| |
(unless P is released before that date under subsection (2) or (5)). |
| 5 |
(2) | The Secretary of State may, at any time after P is returned to prison, |
| |
release P again on licence under this Chapter. |
| |
(3) | The Secretary of State must not release P under subsection (2) unless the |
| |
Secretary of State is satisfied that it is not necessary for the protection of |
| |
the public that P should remain in prison until the end of the period |
| 10 |
mentioned in subsection (1)(b). |
| |
(4) | If P makes representations under section 254(2) before the end of that |
| |
period, the Secretary of State must refer P’s case to the Board on the |
| |
making of those representations. |
| |
(5) | Where on a reference under subsection (4) the Board recommends P’s |
| 15 |
immediate release on licence under this Chapter, the Secretary of State |
| |
must give effect to the recommendation. |
| |
(6) | Subsection (7) applies if P is recalled before the date on which P would |
| |
(but for the earlier release) have served the requisite custodial period |
| |
for the purposes of section 243A or (as the case may be) section 244. |
| 20 |
(7) | Where this subsection applies— |
| |
(a) | if P is released under this section before that date, P’s licence |
| |
must include a curfew condition complying with section 253, |
| |
| |
(b) | P is not to be so released (despite subsections (1)(b) and (5)) |
| 25 |
unless the Secretary of State is satisfied that arrangements are in |
| |
place to enable that condition to be complied with. |
| |
(8) | Subsection (9) applies if, after P has been informed that he or she will |
| |
be released under this section, the Secretary of State receives further |
| |
information about P (whether or not relating to any time before P was |
| 30 |
| |
(9) | If the Secretary of State determines, having regard to that and any other |
| |
relevant information, that P is not suitable for automatic release— |
| |
(a) | the Secretary of State must inform P that he or she will not be |
| |
released under this section, and |
| 35 |
(b) | section 255C applies to P as if the Secretary of State had |
| |
determined, on P’s recall, that P was not suitable for automatic |
| |
| |
255C | Extended sentence prisoners and those not suitable for automatic |
| |
| 40 |
(1) | This section applies to a prisoner (“P”) who— |
| |
(a) | is an extended sentence prisoner, or |
| |
(b) | is not considered to be suitable for automatic release. |
| |
(2) | The Secretary of State may, at any time after P is returned to prison, |
| |
release P again on licence under this Chapter. |
| 45 |
| |
| |
|
| |
| |
(3) | The Secretary of State must not release P under subsection (2) unless the |
| |
Secretary of State is satisfied that it is not necessary for the protection of |
| |
the public that P should remain in prison. |
| |
(4) | The Secretary of State must refer P’s case to the Board— |
| |
(a) | if P makes representations under section 254(2) before the end |
| 5 |
of the period of 28 days beginning with the date on which P |
| |
returns to custody, on the making of those representations, or |
| |
(b) | if, at the end of that period, P has not been released under |
| |
subsection (2) and has not made such representations, at that |
| |
| 10 |
(5) | Where on a reference under subsection (4) the Board recommends P’s |
| |
immediate release on licence under this Chapter, the Secretary of State |
| |
must give effect to the recommendation. |
| |
(6) | Subsection (7) applies if P is recalled before the date on which P would |
| |
(but for the earlier release) have served the requisite custodial period |
| 15 |
for the purposes of section 243A or (as the case may be) section 244. |
| |
(7) | Where this subsection applies— |
| |
(a) | if P is released under this section before that date, P’s licence |
| |
must include a curfew condition complying with section 253, |
| |
| 20 |
(b) | P is not to be so released (despite subsection (5)) unless the |
| |
Secretary of State is satisfied that arrangements are in place to |
| |
enable that condition to be complied with. |
| |
(8) | For the purposes of this section, P returns to custody when P, having |
| |
been recalled, is detained (whether or not in prison) in pursuance of the |
| 25 |
| |
(2) | After section 244(1) of that Act (duty to release certain prisoners on licence at |
| |
| |
“(1A) | Subsection (1) does not apply if the prisoner has been released on |
| |
licence under section 246 and recalled under section 254 (provision for |
| 30 |
the release of such persons being made by sections 255B and 255C).” |
| |
(3) | In the heading of section 253 of that Act (curfew conditions) after “section 246” |
| |
| |
(4) | In section 256(1) of that Act (review by the Board), for “section 255B(4), 255C(4) |
| |
or 255D(1)” substitute “section 255B(4) or 255C(4)”. |
| 35 |
(5) | In consequence of the amendments made by this section, omit section 29(2) and |
| |
(3) of the Criminal Justice and Immigration Act 2008. |
| |
| |
| |
|
| |
| |
Other provisions about release |
| |
97 | Supervision of young offenders after release |
| |
| After section 256A of the Criminal Justice Act 2003 insert— |
| |
“Supervision of young offenders after release |
| |
256B | Supervision of young offenders after release |
| 5 |
(1) | This section applies where a person (“the offender”) is released under |
| |
this Chapter from one of the following terms if the term is for less than |
| |
| |
(a) | a term of detention in a young offender institution; |
| |
(b) | a term of detention under section 91 of the Sentencing Act; |
| 10 |
(c) | a term of detention under section 209 of the Armed Forces Act |
| |
| |
(2) | The offender is to be under the supervision of— |
| |
(a) | an officer of a provider of probation services, |
| |
(b) | a social worker of a local authority, or |
| 15 |
(c) | if the offender is under the age of 18 years at the date of release, |
| |
a member of the youth offending team. |
| |
(3) | Where the supervision is to be provided by an officer of a provider of |
| |
probation services, the officer must be an officer acting in the local |
| |
justice area in which the offender resides for the time being. |
| 20 |
(4) | Where the supervision is to be provided by— |
| |
(a) | a social worker of a local authority, or |
| |
(b) | a member of a youth offending team, |
| |
| the social worker or member must be a social worker of, or a member |
| |
of a youth offending team established by, the local authority within |
| 25 |
whose area the offender resides for the time being. |
| |
(5) | The supervision period begins on the offender’s release and ends three |
| |
months later (whether or not the offender is detained under section |
| |
256C or otherwise during that period). |
| |
(6) | During the supervision period, the offender must comply with such |
| 30 |
requirements, if any, as may for the time being be specified in a notice |
| |
from the Secretary of State. |
| |
(7) | The requirements that may be specified in a notice under subsection (6) |
| |
| |
(a) | requirements for securing the electronic monitoring of the |
| 35 |
offender’s compliance with any other requirements specified in |
| |
| |
(b) | requirements for securing the electronic monitoring of the |
| |
offender’s whereabouts (otherwise than for the purpose of |
| |
securing compliance with requirements specified in the notice); |
| 40 |
(c) | in the circumstances mentioned in subsection (8), requirements |
| |
to provide, when instructed to do so by an officer of a provider |
| |
of probation services or a person authorised by the Secretary of |
| |
State, any sample mentioned in the instruction for the purpose |
| |
| |
| |
|
| |
| |
of ascertaining whether the offender has any specified Class A |
| |
| |
(8) | The circumstances referred to in subsection (7)(c) are that— |
| |
(a) | the offender has attained the age of 18 years; |
| |
(b) | the offender’s term of detention was imposed for a trigger |
| 5 |
| |
(c) | the requirements to provide samples are being imposed for the |
| |
purpose of determining whether the offender is complying with |
| |
any other requirements specified in the notice. |
| |
(9) | The function of giving such an instruction as is mentioned in subsection |
| 10 |
(7)(c) must be exercised in accordance with guidance given from time |
| |
to time by the Secretary of State; and the Secretary of State may make |
| |
rules about the requirements that may be imposed by virtue of |
| |
subsection (7) and the provision of samples in pursuance of such an |
| |
| 15 |
(10) | In this section “specified Class A drug” and “trigger offence” have the |
| |
same meaning as in Part 3 of the Criminal Justice and Court Services |
| |
| |
256C | Breach of supervision requirements |
| |
(1) | Where an offender is under supervision under section 256B and it |
| 20 |
appears on information to a justice of the peace that the offender has |
| |
failed to comply with requirements under section 256B(6), the justice |
| |
| |
(a) | issue a summons requiring the offender to appear at the place |
| |
and time specified in the summons, or |
| 25 |
(b) | if the information is in writing and on oath, issue a warrant for |
| |
| |
(2) | Any summons or warrant issued under this section must direct the |
| |
offender to appear or be brought— |
| |
(a) | before a court acting for the local justice area in which the |
| 30 |
| |
(b) | if it is not known where the offender resides, before a court |
| |
acting for same local justice area as the justice who issued the |
| |
| |
(3) | Where the offender does not appear in answer to a summons issued |
| 35 |
under subsection (1)(a), the court may issue a warrant for the offender’s |
| |
| |
(4) | If it is proved to the satisfaction of the court that the offender has failed |
| |
to comply with requirements under section 256B(6), the court may— |
| |
(a) | order the offender to be detained, in prison or such youth |
| 40 |
detention accommodation as the Secretary of State may |
| |
determine, for such period, not exceeding 30 days, as the court |
| |
| |
(b) | impose on the offender a fine not exceeding level 3 on the |
| |
| 45 |
(5) | An offender detained in pursuance of an order under subsection (4)(a) |
| |
is to be regarded as being in legal custody. |
| |
| |
| |
|
| |
| |
(6) | A fine imposed under subsection (4)(b) is to be treated, for the purposes |
| |
of any enactment, as being a sum adjudged to be paid by a conviction. |
| |
(7) | An offender may appeal to the Crown Court against any order made |
| |
under subsection (4)(a) or (b). |
| |
(8) | In this section “court” means— |
| 5 |
(a) | if the offender has attained the age of 18 years at the date of |
| |
release, a magistrates’ court other than a youth court; |
| |
(b) | if the offender is under the age of 18 years at the date of release, |
| |
| |
98 | Miscellaneous amendments relating to release and recall |
| 10 |
(1) | The Criminal Justice Act 2003 is amended as follows. |
| |
(2) | Omit section 248(2) (Secretary of State to consult Board before releasing |
| |
extended sentence prisoner on compassionate grounds). |
| |
(3) | In section 260(5) (duties and powers remaining exercisable in relation to |
| |
persons removed from prison), after “244” insert “, 247”. |
| 15 |
(4) | In section 261(5) (re-entry to UK of offender removed early: re-release), after |
| |
“sentence expiry date,” insert— |
| |
“(a) | if the person is serving an extended sentence imposed under |
| |
section 227 or 228, section 247 has effect in relation to that |
| |
person as if the reference to one-half of the appropriate |
| 20 |
custodial term were a reference to the further custodial period; |
| |
| |
(5) | In section 261(6) (re-entry to UK of offender removed early: definitions), in the |
| |
definition of “requisite custodial period”, after the words “requisite custodial |
| |
| 25 |
“(a) | in relation to a prisoner serving an extended sentence |
| |
imposed under section 227 or 228, means one-half of the |
| |
appropriate custodial term (determined by the court |
| |
| |
| 30 |
99 | Repeal of uncommenced provisions |
| |
(1) | This section repeals certain provisions which have not been commenced. |
| |
(2) | Omit section 266 of the Criminal Justice Act 2003 (which amends section 64 of |
| |
the Criminal Justice and Court Services Act 2000 in relation to drug testing |
| |
| 35 |
(5) | Omit section 34 of the Police and Justice Act 2006 (which makes amendments |
| |
of Part 12 of the Criminal Justice Act 2003 relating to imprisonment for bail |
| |
| |
(6) | Omit the following provisions of the Criminal Justice and Immigration Act |
| |
2008 (which relate to the early release of persons with a settled intention of |
| 40 |
residing permanently outside the UK)— |
| |
(a) | section 33(2), (4), (7) and (8) (amendments of the Criminal Justice Act |
| |
| |
| |
| |
|
| |
| |
(b) | section 34(2), (4)(b), (7) and (10) (amendments of the Criminal Justice |
| |
| |
(7) | In Schedule 8 to the Crime and Disorder Act 1998 (minor and consequential |
| |
| |
(a) | paragraph 86 (amendments of section 41 of the Criminal Justice Act |
| 5 |
| |
(b) | paragraph 90 (amendment of section 47 of that Act). |
| |
| |
100 | Removal of prisoners from the United Kingdom |
| |
| After section 32 of the Crime (Sentences) Act 1997 insert— |
| 10 |
“Persons liable to removal from the United Kingdom |
| |
32A | Removal of prisoners liable to removal from United Kingdom |
| |
| |
(a) | is a life prisoner in respect of whom a minimum term order has |
| |
| 15 |
(b) | is liable to removal from the United Kingdom, |
| |
| the Secretary of State may remove P from prison under this section at |
| |
any time after P has served the relevant part of the sentence (whether |
| |
or not the Parole Board has directed P’s release under section 28). |
| |
(2) | But if P is serving two or more life sentences— |
| 20 |
(a) | this section does not apply to P unless a minimum term order |
| |
has been made in respect of each of those sentences; and |
| |
(b) | the Secretary of State may not remove P from prison under this |
| |
section until P has served the relevant part of each of them. |
| |
(3) | If P is removed from prison under this section— |
| 25 |
(a) | P is so removed only for the purpose of enabling the Secretary |
| |
of State to remove P from the United Kingdom under powers |
| |
| |
(i) | Schedule 2 or 3 to the Immigration Act 1971, or |
| |
(ii) | section 10 of the Immigration and Asylum Act 1999, and |
| 30 |
(b) | so long as remaining in the United Kingdom, P remains liable to |
| |
be detained in pursuance of the sentence. |
| |
(4) | So long as P, having been removed from prison under this section, |
| |
remains in the United Kingdom but has not been returned to prison, |
| |
any duty or power of the Secretary of State under section 28 or 30 is |
| 35 |
exercisable in relation to P as if P were in prison. |
| |
| |
“liable to removal from the United Kingdom” has the meaning |
| |
given by section 259 of the Criminal Justice Act 2003; |
| |
“the relevant part” has the meaning given by section 28. |
| 40 |
| |
| |
|
