House of Commons Amendments

Session 2010 - 12
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Notices of Amendments: 6 October 2011
217

Legal Aid, Sentencing and Punishment of , continued

SCHEDULE ‘

Section 92

Crediting of time in custody: Armed Forces amendments

1
The Armed Forces Act 2006 is amended as follows.

2
In section 246 (crediting of time in service custody: terms of imprisonment and

detention), for subsections (2) to (5) substitute—

“(2)
The number of days for which the offender was kept in service custody

in connection with the offence in question or any related offence since

being so charged is to count as time served by the offender as part of

the sentence.


But this is subject to subsections (2A) to (2C).

(2A)
If, on any day on which the offender was kept in service custody, the

offender was also detained in connection with any other matter, that

day is not to count as time served.

(2B)
A day counts as time served—

(a)
in relation to only one sentence, and

(b)
only once in relation to that sentence.

(2C)
A day is not to count as time served as part of any period of 28 days

served by the offender before automatic release (see section 255B(1)

of the 2003 Act).”

3    (1)
Section 247 (crediting of time in service custody: supplementary) is amended

as follows.

      (2)
In subsection (2)—

(a)
after “in connection with other offences” insert “(but see section

246(2B))”, and

(b)
omit “, or has also been detained in connection with other matters”.

      (3)
After subsection (2) insert—

“(2A)
The reference in section 246(2A) to detention in connection with any

other matter does not include remand in custody in connection with

another offence but includes—

(a)
detention pursuant to any custodial sentence;

(b)
committal in default of payment of any sum of money;

(c)
committal for want of sufficient distress to satisfy any sum of

money;

(d)
committal for failure to do or abstain from doing anything

required to be done or left undone.”

      (4)
In subsection (4) for “the reference in section 246(2)” substitute “the

references in section 246(2) and (2B)”.

4
In section 373(3) (orders, regulations and rules)—

(a)
after paragraph (e) insert “or”, and

(b)
omit paragraph (g) and the “or” preceding it.

5
In Schedule 16 (minor and consequential amendments), omit paragraph 228.’.

Notices of Amendments: 6 October 2011
218

Legal Aid, Sentencing and Punishment of , continued

Mr Jonathan Djanogly

405

Clause  114,  page  92,  line  28,  leave out subsection (3).

Mr Jonathan Djanogly

406

Clause  117,  page  93,  line  23,  leave out ‘(2)’ and insert ‘(1A)’.

Mr Jonathan Djanogly

407

Clause  117,  page  93,  line  23,  at end insert—

‘(1A)
Section [Causing serious injury by dangerous driving] extends to England and

Wales and Scotland.’.

Mr Jonathan Djanogly

408

Title,  line  9,  at end insert ‘and of causing serious injury by dangerous driving.’.

Helen Goodman

409

Clause  98,  page  77,  line  30,  at end add—

‘(6)
After s.254 of the Criminal Justice Act 2003 insert—

“s.244A
Duty to Cooperate

The Secretary of State must make arrangements to promote co-operation

between—

(a)
the local authority where the prisoner will reside;

(b)
each of that local authority’s partner authorities; and

(c)
such other persons or bodies as the Secretary of State thinks fit.

(2)
The arrangements are to be made with a view to reducing reoffending and

managing the prisoner’s transition from prison into the community.

(3)
Each partner authority must co-operate with the responsible local

authority in the making of arrangements under this section.

(4)
The responsible local authority and each partner authority must, in

exercising their functions under this section, have regard to any guidance

given to them for the purpose by the Secretary of State.

(5)
A responsible local authority and any partner authority may for the

purposes of arrangements under this section provide staff, goods,

services, accommodation or other resources.

s.244B
Definition of Partner Authority

(1)
For the purposes of this Part, each of the following is a partner authority

in relation to a responsible local authority—

(a)
any district council which is not a responsible local authority;

(b)
a police authority;

(c)
a chief officer of police;

(d)
a Strategic Health Authority;

(e)
a Primary Care Trust;

(f)
a youth offending team established under section 39 of the Crime

and Disorder Act 1998;

Notices of Amendments: 6 October 2011
219

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(g)
the Probation Trust;

(h)
a Department of State.

(2)
the Secretary of State may by order specify other Partner Authorities.”.’.

Helen Goodman

410

Clause  100,  page  78,  line  40,  at end add—

‘(6)
The Secretary of State shall not exercise his power under subsection 3 unless he

makes a declaration that any offender repatriated under this section is not at risk

of torture or persecution.

(7)
A declaration must be in writing and be published in such a manner as the

Secretary of State considers appropriate.’.

Helen Goodman

411

Clause  93,  page  70,  line  37,  leave out section (2) and insert—

‘(2)
A person sentenced to more than four months but less than 12 months shall be

supervised by the Probation Service on their release following their requisite

custodial period until the full sentence has expired.’.

Helen Goodman

412

Clause  103,  page  81,  line  1,  leave out ‘may’ and insert ‘shall’.

Helen Goodman

413

Clause  103,  page  81,  line  4,  at end insert—

‘(aa)
for making payments for the benefit of any dependants of the offender;’.

Helen Goodman

414

Clause  105,  page  85,  line  38,  at end insert—

‘(3)

(a)
The Secretary of State shall not exercise his powers under sections 6A,

6B and 6C of the Repatriation of Prisoners Act 1984 unless he makes a

declaration that any person transited under these sections is not at risk of

execution, torture or persecution.

(b)
A declaration must be in writing and be published in such a manner as the

Secretary of State considers appropriate.’.

Helen Goodman

415

Clause  100,  page  78,  line  24,  at end insert—

‘( )
The Secretary of State shall take all reasonable steps to inform the prisoner in

writing in his own language of the effect of an order for the prisoner’s removal

made pursuant to this section.’.

Helen Goodman

416

Clause  100,  page  78,  line  36,  at end insert—

‘( )
The Secretary of State shall have a duty to notify the appropriate authority of that

country or territory to which the prisoner is being returned of—

Notices of Amendments: 6 October 2011
220

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(a)
the offences for which the prisoner was convicted;

(b)
the length of sentence the prisoner has served.’.

Helen Goodman

417

Clause  100,  page  78,  line  40,  at end insert—

‘( )
The Secretary of State shall have a duty to consider the impact of a removal under

subsection (3) on any child of the prisoner liable to removal.

( )
In exercise of this duty the Secretary of State shall make a declaration that in his

opinion any rights of the child under the United Nations Convention on the Rights

of the Child are not infringed.

( )
A declaration must be in writing and be published in such a manner as the

Secretary of State considers appropriate.’.

Helen Goodman

418

Clause  98,  page  77,  line  30,  at end add—

‘After section 244 of the Criminal Justice Act 2003 insert—

“s.244C
Discharge grants for certain offenders

( )
A prisoner with an infant formerly held in a prison mother and baby unit shall on

release from prison be entitled to a discharge grant of £96;

( )
The Secretary of State may by order amend this sum if it appears to the Secretary

of State that there has been a change in the value of money”.’.

Helen Goodman

419

Schedule  14,  page  177,  line  37,  leave out subsections (3), (4) and (5).

Helen Goodman

420

Schedule  14,  page  178,  line  6,  leave out sub-paragraph (a).

Helen Goodman

421

Schedule  14,  page  178,  line  36,  leave out subsection (1).

Helen Goodman

422

Schedule  14,  page  178,  line  43,  leave out sub-paragraph (b).

Helen Goodman

423

Schedule  14,  page  179,  line  3,  leave out subsections (3) and (4).

Mr Elfyn Llwyd

424

Clause  81,  page  59,  line  28,  at end insert—

          ‘and

(e)
the sentencing condition (see subsection (7)).’.

Notices of Amendments: 6 October 2011
221

Legal Aid, Sentencing and Punishment of , continued

Mr Elfyn Llwyd

425

Clause  81,  page  60,  line  13,  at end add—

‘(7)
The sentencing condition is that it appears to the court that there is a real prospect

that the child will be sentenced to a custodial sentence for the offence mentioned

in subsection 74(1) or one or more of those offences.’.



© Parliamentary copyright	Revised 7 October 2011