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| | Crediting of time in custody: Armed Forces amendments |
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| | 1 | The Armed Forces Act 2006 is amended as follows. |
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| | 2 | In section 246 (crediting of time in service custody: terms of imprisonment and |
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| | detention), for subsections (2) to (5) substitute— |
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| | “(2) | The number of days for which the offender was kept in service custody |
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| | in connection with the offence in question or any related offence since |
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| | being so charged is to count as time served by the offender as part of |
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| | | But this is subject to subsections (2A) to (2C). |
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| | (2A) | If, on any day on which the offender was kept in service custody, the |
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| | offender was also detained in connection with any other matter, that |
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| | day is not to count as time served. |
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| | (2B) | A day counts as time served— |
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| | (a) | in relation to only one sentence, and |
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| | (b) | only once in relation to that sentence. |
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| | (2C) | A day is not to count as time served as part of any period of 28 days |
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| | served by the offender before automatic release (see section 255B(1) |
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| | 3 (1) | Section 247 (crediting of time in service custody: supplementary) is amended |
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| | (a) | after “in connection with other offences” insert “(but see section |
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| | (b) | omit “, or has also been detained in connection with other matters”. |
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| | (3) | After subsection (2) insert— |
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| | “(2A) | The reference in section 246(2A) to detention in connection with any |
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| | other matter does not include remand in custody in connection with |
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| | another offence but includes— |
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| | (a) | detention pursuant to any custodial sentence; |
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| | (b) | committal in default of payment of any sum of money; |
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| | (c) | committal for want of sufficient distress to satisfy any sum of |
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| | (d) | committal for failure to do or abstain from doing anything |
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| | required to be done or left undone.” |
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| | (4) | In subsection (4) for “the reference in section 246(2)” substitute “the |
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| | references in section 246(2) and (2B)”. |
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| | 4 | In section 373(3) (orders, regulations and rules)— |
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| | (a) | after paragraph (e) insert “or”, and |
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| | (b) | omit paragraph (g) and the “or” preceding it. |
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| | 5 | In Schedule 16 (minor and consequential amendments), omit paragraph 228.’. |
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| Clause 114, page 92, line 28, leave out subsection (3). |
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| Clause 117, page 93, line 23, leave out ‘(2)’ and insert ‘(1A)’. |
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| Clause 117, page 93, line 23, at end insert— |
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| | ‘(1A) | Section [Causing serious injury by dangerous driving] extends to England and |
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| Title, line 9, at end insert ‘and of causing serious injury by dangerous driving.’. |
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| Clause 98, page 77, line 30, at end add— |
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| | ‘(6) | After s.254 of the Criminal Justice Act 2003 insert— |
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| | “s.244A | Duty to Cooperate |
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| | The Secretary of State must make arrangements to promote co-operation |
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| | (a) | the local authority where the prisoner will reside; |
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| | (b) | each of that local authority’s partner authorities; and |
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| | (c) | such other persons or bodies as the Secretary of State thinks fit. |
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| | (2) | The arrangements are to be made with a view to reducing reoffending and |
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| | managing the prisoner’s transition from prison into the community. |
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| | (3) | Each partner authority must co-operate with the responsible local |
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| | authority in the making of arrangements under this section. |
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| | (4) | The responsible local authority and each partner authority must, in |
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| | exercising their functions under this section, have regard to any guidance |
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| | given to them for the purpose by the Secretary of State. |
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| | (5) | A responsible local authority and any partner authority may for the |
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| | purposes of arrangements under this section provide staff, goods, |
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| | services, accommodation or other resources. |
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| | s.244B | Definition of Partner Authority |
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| | (1) | For the purposes of this Part, each of the following is a partner authority |
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| | in relation to a responsible local authority— |
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| | (a) | any district council which is not a responsible local authority; |
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| | (c) | a chief officer of police; |
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| | (d) | a Strategic Health Authority; |
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| | (e) | a Primary Care Trust; |
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| | (f) | a youth offending team established under section 39 of the Crime |
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| | (h) | a Department of State. |
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| | (2) | the Secretary of State may by order specify other Partner Authorities.”.’. |
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| Clause 100, page 78, line 40, at end add— |
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| | ‘(6) | The Secretary of State shall not exercise his power under subsection 3 unless he |
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| | makes a declaration that any offender repatriated under this section is not at risk |
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| | of torture or persecution. |
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| | (7) | A declaration must be in writing and be published in such a manner as the |
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| | Secretary of State considers appropriate.’. |
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| Clause 93, page 70, line 37, leave out section (2) and insert— |
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| | ‘(2) | A person sentenced to more than four months but less than 12 months shall be |
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| | supervised by the Probation Service on their release following their requisite |
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| | custodial period until the full sentence has expired.’. |
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| Clause 103, page 81, line 1, leave out ‘may’ and insert ‘shall’. |
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| Clause 103, page 81, line 4, at end insert— |
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| | ‘(aa) | for making payments for the benefit of any dependants of the offender;’. |
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| Clause 105, page 85, line 38, at end insert— |
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| | (a) | The Secretary of State shall not exercise his powers under sections 6A, |
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| | 6B and 6C of the Repatriation of Prisoners Act 1984 unless he makes a |
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| | declaration that any person transited under these sections is not at risk of |
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| | execution, torture or persecution. |
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| | (b) | A declaration must be in writing and be published in such a manner as the |
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| | Secretary of State considers appropriate.’. |
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| Clause 100, page 78, line 24, at end insert— |
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| | ‘( ) | The Secretary of State shall take all reasonable steps to inform the prisoner in |
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| | writing in his own language of the effect of an order for the prisoner’s removal |
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| | made pursuant to this section.’. |
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| Clause 100, page 78, line 36, at end insert— |
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| | ‘( ) | The Secretary of State shall have a duty to notify the appropriate authority of that |
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| | country or territory to which the prisoner is being returned of— |
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| | (a) | the offences for which the prisoner was convicted; |
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| | (b) | the length of sentence the prisoner has served.’. |
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| Clause 100, page 78, line 40, at end insert— |
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| | ‘( ) | The Secretary of State shall have a duty to consider the impact of a removal under |
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| | subsection (3) on any child of the prisoner liable to removal. |
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| | ( ) | In exercise of this duty the Secretary of State shall make a declaration that in his |
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| | opinion any rights of the child under the United Nations Convention on the Rights |
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| | of the Child are not infringed. |
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| | ( ) | A declaration must be in writing and be published in such a manner as the |
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| | Secretary of State considers appropriate.’. |
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| Clause 98, page 77, line 30, at end add—
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| ‘After section 244 of the Criminal Justice Act 2003 insert— |
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| | “s.244C | Discharge grants for certain offenders |
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| | ( ) | A prisoner with an infant formerly held in a prison mother and baby unit shall on |
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| | release from prison be entitled to a discharge grant of £96; |
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| | ( ) | The Secretary of State may by order amend this sum if it appears to the Secretary |
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| | of State that there has been a change in the value of money”.’. |
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| Schedule 14, page 177, line 37, leave out subsections (3), (4) and (5). |
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| Schedule 14, page 178, line 6, leave out sub-paragraph (a). |
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| Schedule 14, page 178, line 36, leave out subsection (1). |
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| Schedule 14, page 178, line 43, leave out sub-paragraph (b). |
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| Schedule 14, page 179, line 3, leave out subsections (3) and (4). |
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| Clause 81, page 59, line 28, at end insert— |
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| | (e) | the sentencing condition (see subsection (7)).’. |
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