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Report Stage Proceedings: 1 November 2011                

1054

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

“(c)    

In determining whether to impose extended supervision a court

 

shall have regard to the seriousness of the original offence, any

 

psychological or psychiatric assessment that is carried out

 

following the commission of the original offence and any

 

subsequent psychological or psychiatric assessments and the

 

likelihood of the person being involved in further similar serious

 

offending.”.’.

 


 

Secretary Kenneth Clarke

 

Added  NS4

 

To move the following Schedule:—

 

‘Life sentence for second listed offence etc: new Schedule 15B to Criminal

 

Justice Act 2003

 

            

In the Criminal Justice Act 2003, after Schedule 15A insert—

 

“Schedule 15b

 

Sections 224A, 226A and 246A

 

Offences listed for the purposes of sections 224A, 226A and 246A

 

Part 1

 

Offences under the law of England and Wales listed for the

 

purposes of sections 224A(1), 224A(4), 226A and 246A

 

    

The following offences to the extent that they are offences under the law

 

of England and Wales—

 

1          

Manslaughter.

 

2          

An offence under section 4 of the Offences against the Person Act

 

1861 (soliciting murder).

 

3          

An offence under section 18 of that Act (wounding with intent to

 

cause grievous bodily harm).

 

4          

An offence under section 16 of the Firearms Act 1968 (possession

 

of a firearm with intent to endanger life).

 

5          

An offence under section 17(1) of that Act (use of a firearm to resist

 

arrest).

 

6          

An offence under section 18 of that Act (carrying a firearm with

 

criminal intent).

 

7          

An offence of robbery under section 8 of the Theft Act 1968 where,

 

at some time during the commission of the offence, the offender had

 

in his possession a firearm or an imitation firearm within the

 

meaning of the Firearms Act 1968.

 

8          

An offence under section 1 of the Protection of Children Act 1978

 

(indecent images of children).

 

9          

An offence under section 56 of the Terrorism Act 2000 (directing

 

terrorist organisation).


 
 

Report Stage Proceedings: 1 November 2011                

1055

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

10         

An offence under section 57 of the Terrorism Act 2000 (possession

 

of article for terrorist purposes).

 

11         

An offence under section 59 of that Act (inciting terrorism

 

overseas) if the offender is liable on conviction on indictment to

 

imprisonment for life.

 

12         

An offence under section 47 of the Anti-terrorism, Crime and

 

Security Act 2001 (use etc of nuclear weapons).

 

13         

An offence under section 50 of that Act (assisting or inducing

 

certain weapons-related acts overseas).

 

14         

An offence under section 113 of that Act (use of noxious substance

 

or thing to cause harm or intimidate).

 

15         

An offence under section 1 of the Sexual Offences Act 2003 (rape).

 

16         

An offence under section 2 of that Act (assault by penetration).

 

17         

An offence under section 4 of that Act (causing a person to engage

 

in sexual activity without consent) if the offender is liable on

 

conviction on indictment to imprisonment for life.

 

18         

An offence under section 5 of that Act (rape of a child under 13).

 

19         

An offence under section 6 of that Act (assault of a child under 13

 

by penetration).

 

20         

An offence under section 7 of that Act (sexual assault of a child

 

under 13).

 

21         

An offence under section 8 of that Act (causing or inciting a child

 

under 13 to engage in sexual activity).

 

22         

An offence under section 9 of that Act (sexual activity with a child).

 

23         

An offence under section 10 of that Act (causing or inciting a child

 

to engage in sexual activity).

 

24         

An offence under section 11 of that Act (engaging in sexual activity

 

in the presence of a child).

 

25         

An offence under section 12 of that Act (causing a child to watch a

 

sexual act).

 

26         

An offence under section 14 of that Act (arranging or facilitating

 

commission of a child sex offence).

 

27         

An offence under section 15 of that Act (meeting a child following

 

sexual grooming etc).

 

28         

An offence under section 25 of that Act (sexual activity with a child

 

family member) if the offender is aged 18 or over at the time of the

 

offence.

 

29         

An offence under section 26 of that Act (inciting a child family

 

member to engage in sexual activity) if the offender is aged 18 or

 

over at the time of the offence.


 
 

Report Stage Proceedings: 1 November 2011                

1056

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

30         

An offence under section 30 of that Act (sexual activity with a

 

person with a mental disorder impeding choice) if the offender is

 

liable on conviction on indictment to imprisonment for life.

 

31         

An offence under section 31 of that Act (causing or inciting a

 

person with a mental disorder to engage in sexual activity) if the

 

offender is liable on conviction on indictment to imprisonment for

 

life.

 

32         

An offence under section 34 of that Act (inducement, threat or

 

deception to procure sexual activity with a person with a mental

 

disorder) if the offender is liable on conviction on indictment to

 

imprisonment for life.

 

33         

An offence under section 35 of that Act (causing a person with a

 

mental disorder to engage in or agree to engage in sexual activity by

 

inducement etc) if the offender is liable on conviction on indictment

 

to imprisonment for life.

 

34         

An offence under section 47 of that Act (paying for sexual services

 

of a child) against a person aged under 16.

 

35         

An offence under section 48 of that Act (causing or inciting child

 

prostitution or pornography).

 

36         

An offence under section 49 of that Act (controlling a child

 

prostitute or a child involved in pornography).

 

37         

An offence under section 50 of that Act (arranging or facilitating

 

child prostitution or pornography).

 

38         

An offence under section 62 of that Act (committing an offence

 

with intent to commit a sexual offence) if the offender is liable on

 

conviction on indictment to imprisonment for life.

 

39         

An offence under section 5 of the Domestic Violence, Crime and

 

Victims Act 2004 (causing or allowing the death of a child or

 

vulnerable adult).

 

40         

An offence under section 5 of the Terrorism Act 2006 (preparation

 

of terrorist acts).

 

41         

An offence under section 9 of that Act (making or possession of

 

radioactive device or materials).

 

42         

An offence under section 10 of that Act (misuse of radioactive

 

devices or material and misuse and damage of facilities).

 

43         

An offence under section 11 of that Act (terrorist threats relating to

 

radioactive devices, materials or facilities).

 

44  (1)  

An attempt to commit an offence specified in the preceding

 

paragraphs of this Part of this Schedule (“a listed offence”) or

 

murder.

 

      (2)  

Conspiracy to commit a listed offence or murder.

 

      (3)  

Incitement to commit a listed offence or murder.

 

      (4)  

An offence under Part 2 of the Serious Crime Act 2007 in relation

 

to which a listed offence or murder is the offence (or one of the


 
 

Report Stage Proceedings: 1 November 2011                

1057

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

offences) which the person intended or believed would be

 

committed.

 

      (5)  

Aiding, abetting, counselling or procuring the commission of a

 

listed offence.

 

Part 2

 

Further offences under the law of England and Wales listed for

 

the purposes of sections 224A(4) and 226A

 

    

The following offences to the extent that they are offences under the law

 

of England and Wales—

 

45         

Murder.

 

46         

An offence under section 1 of the Sexual Offences Act 1956 (rape).

 

47         

An offence under section 5 of that Act (intercourse with a girl under

 

13).

 

48  (1)  

An attempt to commit an offence specified in the preceding

 

paragraphs of this Part of this Schedule (“a listed offence”).

 

      (2)  

Conspiracy to commit a listed offence.

 

      (3)  

Incitement to commit a listed offence.

 

      (4)  

An offence under Part 2 of the Serious Crime Act 2007 in relation

 

to which a listed offence is the offence (or one of the offences)

 

which the person intended or believed would be committed.

 

      (5)  

Aiding, abetting, counselling or procuring the commission of a

 

listed offence.

 

Part 3

 

Offences under service law listed for the purposes of sections

 

224A(4) and 226A

 

49         

An offence under section 70 of the Army Act 1955, section 70 of

 

the Air Force Act 1955 or section 42 of the Naval Discipline Act

 

1957 as respects which the corresponding civil offence (within the

 

meaning of the Act in question) is an offence specified in Part 1 or

 

2 of this Schedule.

 

50  (1)  

An offence under section 42 of the Armed Forces Act 2006 as

 

respects which the corresponding offence under the law of England

 

and Wales (within the meaning given by that section) is an offence

 

specified in Part 1 or 2 of this Schedule.

 

      (2)  

Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc)

 

applies for the purposes of this paragraph as if the reference in

 

subsection (3)(b) of that section to any of the following provisions

 

of that Act were a reference to this paragraph.


 
 

Report Stage Proceedings: 1 November 2011                

1058

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

Part 4

 

Offences under the law of Scotland, Northern Ireland or a member

 

State other than the United Kingdom listed for the purposes of

 

sections 224A(4) and 226A

 

51         

An offence for which the person was convicted in Scotland,

 

Northern Ireland or a member State other than the United Kingdom

 

and which, if done in England and Wales at the time of the

 

conviction, would have constituted an offence specified in Part 1 or

 

2 of this Schedule.

 

Part 5

 

Interpretation

 

52         

In this Schedule “imprisonment for life” includes custody for life

 

and detention for life.’.

 


 

Secretary Kenneth Clarke

 

Added  NS5

 

To move the following Schedule:—

 

‘Life sentence for second listed offence: consequential and transitory

 

provision

 

Part 1

 

Consequential provision

 

Mental Health Act 1983 (c. 20)

 

1          

In section 37 of the Mental Health Act 1983 (powers of courts to order hospital

 

admission) in subsection (1A), after paragraph (b) insert—

 

“(ba)    

under section 224A of the Criminal Justice Act 2003,”.

 

Criminal Justice Act 1988 (c. 33)

 

2          

In section 36 of the Criminal Justice Act 1988 (reviews of sentencing) in

 

subsection (2)(b)(iii) after “section” insert “224A,”.

 

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

 

3          

The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

 

4          

In section 12 (absolute and conditional discharge) in subsection (1) before

 

“225(2)” insert “224A,”.

 

5          

In section 130 (compensation orders against convicted persons) in subsection

 

(2) before “225(2)” insert “224A,”.

 

6          

In section 146 (driving disqualification for any offence) in subsection (2)

 

before “225(2)” insert “224A,”.

 

7          

In section 164 (interpretation) in subsection (3)(c) after “section” insert

 

“224A,”.


 
 

Report Stage Proceedings: 1 November 2011                

1059

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

Criminal Justice Act 2003 (c. 44)

 

8          

The Criminal Justice Act 2003 is amended as follows.

 

9          

In section 108 (offences committed by defendant when a child), at the end

 

insert—

 

“(4)    

Subsection (2) does not prevent the admission of evidence of a

 

previous conviction for the purposes of establishing whether section

 

224A applies.”

 

10         

In section 142 (purposes of sentencing: offenders aged 18 and over) in

 

subsection (2)(c)—

 

(a)    

after “weapon)” insert “, under section 224A of this Act (life sentence

 

for second listed offence for certain dangerous offenders)”, and

 

(b)    

for “(dangerous offenders)” substitute “(imprisonment or detention

 

for life for certain dangerous offenders)”.

 

11         

In section 150 (community sentence not available where sentence fixed by law

 

etc) at the end of paragraph (ca) (but before the “or”) insert—

 

“(cb)    

falls to be imposed under section 224A of this Act (life

 

sentence for second listed offence for certain dangerous

 

offenders),”.

 

12         

In section 152 (general restrictions on imposing discretionary custodial

 

sentence) in subsection (1)(b) before “225(2)” insert “224A,”.

 

13         

In section 153 (length of discretionary custodial sentences: general provision)

 

in subsection (1) before “225” insert “224A,”.

 

14         

In section 163 (general power of Crown Court to fine offender convicted on

 

indictment) before “225(2)” insert “224A,”.

 

15         

Before section 224 insert—

 

“Interpretation”.

 

16         

After section 224 (and before section 224A) insert—

 

“Life sentences”.

 

17         

After section 226 insert—

 

“Extended sentences”.

 

18         

Before section 231 insert—

 

“Supplementary”.

 

19  (1)  

Section 231 (appeals where convictions set aside) is amended as follows.

 

      (2)  

Before subsection (1) insert—

 

“(A1)    

Subsection (2) applies where—

 

(a)    

a sentence has been imposed on a person under section 224A,

 

(b)    

a previous conviction of that person has been subsequently set

 

aside on appeal, and

 

(c)    

without that conviction, the previous offence condition in

 

section 224A(4) would not have been met.”

 

      (3)  

In subsection (1) for “This section” substitute “Subsection (2) also”.

 

      (4)  

After subsection (2) insert—

 

“(3)    

Subsection (4) applies where—

 

(a)    

a sentence has been imposed on a person under section 224A,


 
 

Report Stage Proceedings: 1 November 2011                

1060

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

(b)    

a previous sentence imposed on that person has been

 

subsequently modified on appeal, and

 

(c)    

taking account of that modification, the previous offence

 

condition in section 224A(4) would not have been met.

 

(4)    

Notwithstanding anything in section 18 of the Criminal Appeal Act

 

1968, notice of appeal against the sentence mentioned in subsection

 

(3)(a) may be given at any time within 28 days from the date on which

 

the previous sentence was modified.”

 

20         

After section 232 insert—

 

“232A

Certificates of conviction

 

    

Where—

 

(a)    

on any date after the commencement of Schedule 15B a

 

person is convicted in England and Wales of an offence listed

 

in that Schedule, and

 

(b)    

the court by or before which the person is so convicted states

 

in open court that the person has been convicted of such an

 

offence on that date, and

 

(c)    

that court subsequently certifies that fact,

 

    

that certificate is evidence, for the purposes of section 224A, that the

 

person was convicted of such an offence on that date.”

 

21         

In section 305(4) (interpretation of Part 12) after paragraph (ba) insert—

 

“(bb)    

a sentence falls to be imposed under section 224A if the court

 

is obliged to pass a sentence of imprisonment for life under

 

that section,”.

 

Coroners and Justice Act 2009 (c. 25)

 

22         

In section 125(6) of the Coroners and Justice Act 2009 (sentencing guidelines:

 

duty of court) after paragraph (d) insert—

 

“(da)    

section 224A of that Act (life sentence for second listed

 

offence for certain dangerous offenders);”.

 

Part 2

 

Transitory provision

 

23  (1)  

In relation to any time 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), Part 12 of the

 

Criminal Justice Act 2003 (sentencing) has effect with the following

 

modifications.

 

      (2)  

In section 224A (life sentence for second listed offence)—

 

(a)    

in subsection (2), after “imprisonment for life” insert “or, in the case

 

of a person aged at least 18 but under 21, custody for life”, and

 

(b)    

in subsection (3), after “more” insert “or, if the person is aged at least

 

18 but under 21, a sentence of detention in a young offender institution

 

for such a period”.’.

 



 
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