Legal Aid, Sentencing and Punishment of Offenders Bill

Session 2010 - 12
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Other Bills before Parliament

Legal Aid, Sentencing and Punishment of Offenders Bill

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 4 — Release on licence etc
79

32B
Re-entry into United Kingdom of offender removed from prison
(1)
This section applies if P, having been removed from prison under
section 32A, is removed from the United Kingdom.
(2)
If P enters the United Kingdom—
(a)
P is liable to be detained in pursuance of the sentence from the
5
time of P’s entry into the United Kingdom;
(b)
if no direction was given by the Parole Board under subsection
(5) of section 28 before P’s removal from prison, that section
applies to P;
(c)
if such a direction was given before that removal, P is to be
10
treated as if P had been recalled to prison under section 32.
(3)
A person who is liable to be detained by virtue of subsection (2)(a) is, if
at large, to be taken for the purposes of section 49 of the Prison Act 1952
(persons unlawfully at large) to be unlawfully at large.
(4)
Subsection (2)(a) does not prevent P’s further removal from the United
15
Kingdom.”
Application and transitional provision
101
Application and transitional etc provision

Schedule 13 (provision about the application of sections 90 to 100 and
transitional and transitory provision) has effect.
20
Restatement of earlier enactments and transitional provisions
102
Power to restate earlier enactments and existing transitional provisions
(1)
This section applies to—
(a)
an order under section 336(3) of the Criminal Justice Act 2003 which
brings into force any provision of Chapter 6 of Part 12 of that Act (“the
25
2003 Act”),
(b)
an order under that section which brings into force the repeal of any
provision of Part 2 of the Criminal Justice Act 1991, and
(c)
an order under section 153(7) of the Criminal Justice and Immigration
Act 2008 (“the 2008 Act”) which brings into force any provision
30
amending or repealing any provision of Chapter 6 of Part 12 of the 2003
Act.
(2)
Such an order may—
(a)
amend or revoke any transitory, transitional or saving provision made
by a previous order;
35
(b)
restate (with or without amendment) any provision so revoked.
(3)
The powers conferred by—
(a)
section 330(4) of the 2003 Act and section 153(8)(b) of the 2008 Act
(power to make transitory, transitional and saving provision etc), and
(b)
subsection (2)(b),
40

may be exercised by amending or repealing any provision of Chapter 6 of Part
12 of the 2003 Act.

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 5 — Prisoners etc
80

(4)
Where an order brings into force the repeal of any provision of Part 2 of the
Criminal Justice Act 1991, the power conferred by section 330(4) of the 2003 Act
(including that power as exercised in accordance with subsection (3) above)
may be exercised so as to make provision identical in effect to the provision
repealed.
5
(5)
An order containing provision mentioned in subsection (2), (3) or (4) may only
be made if a draft of the statutory instrument has been laid before, and
approved by a resolution of, each House of Parliament.
(6)
In the case of an order under section 336(3) of the 2003 Act, subsection (5)
applies in place of section 330(6) of that Act.
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Chapter 5
Prisoners etc
103
Employment in prisons: deductions etc from payments to prisoners
(1)
In section 47 of the Prison Act 1952 (power of Secretary of State to make rules
for the regulation and management of prisons etc), in subsection (1) omit
15
“employment,”.
(2)
After that subsection insert—
“(1A)
The Secretary of State may make rules about—
(a)
the employment of persons who are required to be detained in
secure training centres or young offender institutions;
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(b)
the making of payments to such persons in respect of work or other
activities undertaken by them, or in respect of their unemployment.”
(3)
In that section, after subsection (5) insert—
“(6)
Rules made under this section may—
(a)
make different provision for different cases;
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(b)
contain supplementary, incidental, transitional, transitory or
saving provision.”
(4)
After that section insert—
“47A
Rules about employment in prisons etc
(1)
The Secretary of State may make rules about—
30
(a)
the employment of prisoners;
(b)
the making of payments to prisoners in respect of work or other
activities undertaken by them, or in respect of their unemployment.
(2)
The Secretary of State may make rules about the making, by the
governor of the prison in which a prisoner is detained or the Secretary
35
of State, of reductions in payments to the prisoner in respect of—
(a)
work undertaken by the prisoner,
(b)
other activities undertaken by the prisoner, or
(c)
the prisoner’s unemployment,

where those payments are made by or on behalf of the Secretary of
40
State.

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 5 — Prisoners etc
81

(3)
Rules under subsection (2) may make provision, in a case where
reductions are made by the governor, for amounts generated by the
reductions to be used by the governor—
(a)
for making payments for the benefit of victims or communities;
(b)
for making payments for the purposes of the rehabilitation of
5
offenders;
(c)
for other prescribed purposes.
(4)
Rules under subsection (2) may make provision, in a case where
reductions are made by the governor—
(a)
for amounts generated by the reductions to be used by the
10
governor for making payments into an account of a prescribed
kind;
(b)
for the administration of the account;
(c)
for the making of payments out of the account to a prisoner
before or after the prisoner’s release on fulfilment by the
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prisoner of prescribed conditions.
(5)
Rules under subsection (2) that make provision for amounts generated
by reductions to be used to make payments may provide for such
payments to be made after the deduction of amounts of a prescribed
description.
20
(6)
The Secretary of State may make rules about the making of deductions from, or
the imposition of levies on, payments to a prisoner in respect of—
(a)
work undertaken by the prisoner,
(b)
other activities undertaken by the prisoner, or
(c)
the prisoner’s unemployment,
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where those payments are made otherwise than by or on behalf of the Secretary
of State.
(7)
Rules under subsection (6)—
(a)
may provide for deductions to be made, or levies to be imposed,
by the governor of the prison or by the Secretary of State;
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(b)
must provide that, if the governor makes the deductions or
imposes the levies, the governor must pay amounts generated
to the Secretary of State.
(8)
The Secretary of State may make rules providing—
(a)
for the making of payments by the Secretary of State into an account
35
of a prescribed kind;
(b)
for the administration of the account;
(c)
for the making of payments out of the account to a prisoner
before or after the prisoner’s release on fulfilment by the
prisoner of prescribed conditions.
40
(9)
Rules under this section may—
(a)
make different provision for different cases;
(b)
contain supplementary, incidental, transitional, transitory or
saving provision.
(10)
In this section references to the governor of a prison include—
45
(a)
the director of a contracted out prison within the meaning of
Part 4 of the Criminal Justice Act 1991, and

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 5 — Prisoners etc
82

(b)
an officer of a prison who may exercise the functions of a
governor in accordance with rules under section 47 or this
section.
(11)
In this section—
“prescribed” means prescribed by rules under this section;
5
“prisoner” includes a prisoner on temporary release.”
(5)
In section 66(4) of the Criminal Justice Act 1967 (procedure applying to rules
under section 47 of the Prison Act 1952) for “of the said Act of 1952” substitute
“or section 47A of the Prison Act 1952”.
(6)
In section 4 of the Prisoners’ Earnings Act 1996 (interpretation)—
10
(a)
omit subsection (2) (application of the Act to England and Wales), and
(b)
in subsection (3) (application of the Act to Scotland), for “In the
application of this Act to Scotland” substitute “In this Act”.
(7)
In section 5 of that Act (short title, commencement and extent), for subsection
(3) substitute—
15
“(3)
This Act extends to Scotland only.”
(8)
Before the coming into force of section 59 of the Criminal Justice and Court
Services Act 2000 (abolition of power to provide remand centres), section
47(1A) of the Prison Act 1952 has effect as if it referred also to persons required
to be detained in remand centres.
20
(9)
Before the coming into force of section 61 of the Criminal Justice and Court
Services Act 2000 (abolition of sentences of detention in a young offender
institution, custody for life etc)—
(a)
section 47(1A) of the Prison Act 1952 has effect as if the references to
persons required to be detained in young offender institutions were to
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persons aged under 18 required to be so detained, and
(b)
section 47A of that Act has effect as if—
(i)
“prison” included a young offender institution, and
(ii)
“prisoner” included a person aged 18 or over who is required to
be detained in a young offender institution.
30
(10)
The Secretary of State may make such payments to such persons as the Secretary of
State considers appropriate in connection with measures that appear to the Secretary
of State to be intended to—
(a)
rehabilitate offenders,
(b)
prevent re-offending, or
35
(c)
limit the impact of crime.
(11)
In making payments under subsection (10), the Secretary of State must have
regard to the sums that have been made available to, or received by, the
Secretary of State by virtue of rules under section 47A of the Prison Act 1952
(reductions, deductions and levies in respect of payments to prisoners etc.).
40
104
Transfer of prisoners: prosecution of other offences
In the Repatriation of Prisoners Act 1984, after section 3 insert—
“3A
Prosecution of other offences
(1)
This section applies where—

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 5 — Prisoners etc
83

(a)
a person has been transferred into the relevant area under a
warrant under section 1, and
(b)
the international arrangements in accordance with which the
person has been transferred contain a speciality provision.
(2)
The person must not, unless a condition in subsection (3) is met—
5
(a)
be prosecuted for any offence committed before the departure
of that person from the country or territory from which that
person has been transferred, or
(b)
be detained or otherwise subjected to any restriction of liberty
for any offence committed before the departure of that person
10
from the country or territory from which that person has been
transferred, other than the offence in respect of which the
person has been transferred.
(3)
For the purposes of subsection (2), the conditions are as follows—
(a)
the person has consented to the transfer;
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(b)
the offence is an offence which is not punishable with
imprisonment or another form of detention;
(c)
the offence is an offence in respect of which the person will not
be detained in connection with the person’s trial, sentence or
appeal;
20
(d)
the person is given an opportunity to leave the relevant area
and—
(i)
the person does not do so before the end of the
permitted period, or
(ii)
if the person does so before the end of the permitted
25
period, the person subsequently returns to the relevant
area;
(e)
after the transfer has taken place, the person has made a
renunciation of the application of subsection (2) to the offence;
(f)
the appropriate authority of the country or territory from which
30
the person has been transferred consents to the prosecution of
the offence.
(4)
For the purpose of subsection (3)(d) the “permitted period” is 45 days
starting with the day on which the person’s sentence ends.
(5)
For the purpose of subsection (3)(e) a renunciation must be made before
35
a court before which the person may be prosecuted for that offence.
(6)
In this section “relevant area” means the United Kingdom except
Scotland.
(7)
In this section a “speciality provision” means a provision preventing or
limiting the prosecution, detention or other restriction of liberty of the
40
person (“P”) for any offence committed before the departure of P from
the country or territory from which P has been transferred, other than
for the offence in respect of which P has been transferred.”