House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

3809

House of Commons

Tuesday 1 November 2011

Consideration of Bill

New Amendments handed in are marked thus

Legal Aid, Sentencing and Punishment of Offenders Bill, As

Amended

Note

The Amendments have been arranged in accordance with the Order of the House

(31 October 2011).

NEW CLAUSES AND NEW SCHEDULES RELATING TO SENTENCES OF IMPRISONMENT OR

DETENTION FOR PUBLIC PROTECTION, LIFE SENTENCES, EXTENDED SENTENCES AND

THE RELEASE AND RECALL OF EXTENDED SENTENCE PRISONERS

Abolition of certain sentences for dangerous offenders

Secretary Kenneth Clarke

NC30

To move the following Clause:—

‘In Chapter 5 of Part 12 of the Criminal Justice Act 2003 (sentencing: dangerous

offenders) omit—

(a)
section 225(3) to (4) (imprisonment for public protection for serious

offences),

(b)
section 226(3) to (4) (detention for public protection for serious

offences),

(c)
section 227 (extended sentence for certain violent or sexual offences:

persons 18 or over), and

(d)
section 228 (extended sentence for certain violent or sexual offences:

persons under 18).’.

Consideration of Bill: 1 November 2011
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Legal Aid, Sentencing and Punishment of Offenders Bill, continued

Life sentence for second listed offence

Secretary Kenneth Clarke

NC31

To move the following Clause:—

‘(1)
In Chapter 5 of Part 12 of the Criminal Justice Act 2003 (sentencing: dangerous

offenders), after section 224 insert—

“224A
Life sentence for second listed offence

(1)
This section applies where—

(a)
a person aged 18 or over is convicted of an offence listed in Part

1 of Schedule 15B,

(b)
the offence was committed after this section comes into force,

and

(c)
the seriousness condition and the previous offence condition are

met.

(2)
The court must impose a sentence of imprisonment for life unless the

court is of the opinion that there are particular circumstances which—

(a)
relate to the offence, to the previous offence referred to in

subsection (4) or to the offender, and

(b)
would make it unjust to do so in all the circumstances.

(3)
The seriousness condition is that the court considers that the seriousness

of the offence, or of the offence and one or more offences associated with

it, is such as to justify the imposition of a sentence of imprisonment for

10 years or more, disregarding any extension period imposed under

section 226A.

(4)
The previous offence condition is that —

(a)
at the time the offence was committed, the offender had been

convicted of an offence listed in Schedule 15B (“the previous

offence”), and

(b)
a relevant life sentence or a relevant sentence of imprisonment or

detention for a determinate period was imposed on the offender

for the previous offence.

(5)
A life sentence is relevant for the purposes of subsection (4)(b) if—

(a)
the offender was not eligible for release during the first 5 years

of the sentence, or

(b)
the offender would not have been eligible for release during that

period but for the reduction of the period of ineligibility to take

account of a relevant pre-sentence period.

(6)
An extended sentence imposed under this Act (including one imposed as

a result of the Armed Forces Act 2006) is relevant for the purposes of

subsection (4)(b) if the appropriate custodial term imposed was 10 years

or more.

(7)
Any other extended sentence is relevant for the purposes of subsection

(4)(b) if the custodial term imposed was 10 years or more.

(8)
Any other sentence of imprisonment or detention for a determinate

period is relevant for the purposes of subsection (4)(b) if it was for a

period of 10 years or more.

Consideration of Bill: 1 November 2011
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Legal Aid, Sentencing and Punishment of Offenders Bill, continued

(9)
An extended sentence or other sentence of imprisonment or detention is

also relevant if it would have been relevant under subsection (7) or (8)

but for the reduction of the sentence, or any part of the sentence, to take

account of a relevant pre-sentence period.

(10)
For the purposes of subsections (4) to (9)—

“extended sentence” means—

(a)
a sentence imposed under section 85 of the Powers of Criminal

Courts (Sentencing) Act 2000 or under section 226A, 226B, 227

or 228 of this Act (including one imposed as a result of section

220 or 222 of the Armed Forces Act 2006), or

(b)
an equivalent sentence imposed under the law of Scotland,

Northern Ireland or a member State (other than the United

Kingdom);

“life sentence” means—

(c)
a life sentence as defined in section 34 of the Crime (Sentences)

Act 1997, or

(d)
an equivalent sentence imposed under the law of Scotland,

Northern Ireland or a member State (other than the United

Kingdom);

“relevant pre-sentence period”, in relation to the previous offence referred

to in subsection (4), means any period which the offender spent in

custody or on bail before the sentence for that offence was imposed;

“sentence of imprisonment or detention” includes any sentence of a period

in custody (however expressed).

(11)
An offence the sentence for which is imposed under this section is not to

be regarded as an offence the sentence for which is fixed by law.”

(2)
Schedule [Life sentence for second listed offence: new Schedule 15B to Criminal

Justice Act 2003] (new Schedule 15B to the Criminal Justice Act 2003) has effect.

(3)
Schedule [Life sentence for second listed offence: consequential and transitory

provision] (consequential and transitory provision) has effect.’.

New extended sentences

Secretary Kenneth Clarke

NC32

To move the following Clause:—

‘(1)
In Chapter 5 of Part 12 of the Criminal Justice Act 2003 (sentencing: dangerous

offenders), after section 226 and the italic heading “Extended sentences” insert—

“226A
Extended sentence for certain violent or sexual offences: persons 18

or over

(1)
This section applies where—

(a)
a person aged 18 or over is convicted of a specified offence

(whether the offence was committed before or after this section

comes into force),

Consideration of Bill: 1 November 2011
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(b)
the court considers that there is a significant risk to members of

the public of serious harm occasioned by the commission by the

offender of further specified offences,

(c)
the court is not required by section 224A or 225(2) to impose a

sentence of imprisonment for life, and

(d)
condition A or B is met.

(2)
Condition A is that, at the time the offence was committed, the offender

had been convicted of an offence specified in Schedule 15B.

(3)
Condition B is that, if the court were to impose an extended sentence of

imprisonment, the term that it would specify as the appropriate custodial

term would be at least 4 years.

(4)
The court may impose an extended sentence of imprisonment on the

offender.

(5)
An extended sentence of imprisonment is a sentence of imprisonment the

term of which is equal to the aggregate of—

(a)
the appropriate custodial term, and

(b)
a further period (the “extension period”) for which the offender

is to be subject to a licence.

(6)
The appropriate custodial term is the term of imprisonment that would

(apart from this section) be imposed in compliance with section 153(2).

(7)
The extension period must be a period of such length as the court

considers necessary for the purpose of protecting members of the public

from serious harm occasioned by the commission by the offender of

further specified offences, subject to subsections (8) and (9).

(8)
The extension period must not exceed—

(a)
5 years in the case of a specified violent offence, and

(b)
8 years in the case of a specified sexual offence.

(9)
The term of an extended sentence of imprisonment imposed under this

section in respect of an offence must not exceed the term that, at the time

the offence was committed, was the maximum term permitted for the

offence.

226B
Extended sentence for certain violent or sexual offences: persons

under 18

(1)
This section applies where—

(a)
a person aged under 18 is convicted of a specified offence

(whether the offence was committed before or after this section

comes into force),

(b)
the court considers that there is a significant risk to members of

the public of serious harm occasioned by the commission by the

offender of further specified offences,

(c)
the court is not required by section 226(2) to impose a sentence

of detention for life under section 91 of the Sentencing Act, and

(d)
if the court were to impose an extended sentence of detention, the

term that it would specify as the appropriate custodial term

would be at least 4 years.

(2)
The court may impose an extended sentence of detention on the offender.

Consideration of Bill: 1 November 2011
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Legal Aid, Sentencing and Punishment of Offenders Bill, continued

(3)
An extended sentence of detention is a sentence of detention the term of

which is equal to the aggregate of—

(a)
the appropriate custodial term, and

(b)
a further period (the “extension period”) for which the offender

is to be subject to a licence.

(4)
The appropriate custodial term is the term of detention that would (apart

from this section) be imposed in compliance with section 153(2).

(5)
The extension period must be a period of such length as the court

considers necessary for the purpose of protecting members of the public

from serious harm occasioned by the commission by the offender of

further specified offences, subject to subsections (6) and (7).

(6)
The extension period must not exceed—

(a)
5 years in the case of a specified violent offence, and

(b)
8 years in the case of a specified sexual offence.

(7)
The term of an extended sentence of detention imposed under this section

in respect of an offence may not exceed the term that, at the time the

offence was committed, was the maximum term of imprisonment

permitted for the offence in the case of a person aged 18 or over.”

(2)
Schedule [New extended sentences: consequential and transitory provision] (new

extended sentences: consequential and transitory provision) has effect.’.

New extended sentences: release on licence etc

Secretary Kenneth Clarke

NC33

To move the following Clause:—

‘(1)
Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release and

recall) is amended as follows.

(2)
In section 244(1) (duty to release prisoners on licence) (as amended by Schedule

13 to this Act) after “243A” insert “, 246A”.

(3)
After section 246 insert—

“246A
Release on licence of prisoners serving extended sentence under

section 226A or 226B

(1)
This section applies to a prisoner (“P”) who is serving an extended

sentence imposed under section 226A or 226B.

(2)
It is the duty of the Secretary of State to release P on licence under this

section as soon as P has served the requisite custodial period for the

purposes of this section unless either or both of the following conditions

are met—

(a)
the appropriate custodial term is 10 years or more;

(b)
the sentence was imposed in respect of an offence listed in Part

1 of Schedule 15B or in respect of offences that include one or

more offences listed in that Part of that Schedule.

Consideration of Bill: 1 November 2011
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(3)
If either or both of those conditions are met, it is the duty of the Secretary

of State to release P on licence in accordance with subsections (4) to (7).

(4)
The Secretary of State must refer P’s case to the Board —

(a)
as soon as P has served the requisite custodial period, and

(b)
where there has been a previous reference of P’s case to the

Board under this subsection and the Board did not direct P’s

release, not later than the second anniversary of the disposal of

that reference.

(5)
It is the duty of the Secretary of State to release P on licence under this

section as soon as—

(a)
P has served the requisite custodial period, and

(b)
the Board has directed P’s release under this section.

(6)
The Board must not give a direction under subsection (5) unless—

(a)
the Secretary of State has referred P’s case to the Board, and

(b)
the Board is satisfied that it is no longer necessary for the

protection of the public that P should be confined.

(7)
It is the duty of the Secretary of State to release P on licence under this

section as soon as P has served the appropriate custodial term, unless P

has previously been released on licence under this section and recalled

under section 254 (provision for the release of such persons being made

by section 255C).

(8)
For the purposes of this section—

“appropriate custodial term” means the term determined as such by the

court under section 226A or 226B (as appropriate);

“the requisite custodial period” means—

(e)
in relation to a person serving one sentence, two-thirds of the

appropriate custodial term, and

(f)
in relation to a person serving two or more concurrent or

consecutive sentences, the period determined under sections

263(2) and 264(2).”

(4)
Schedule [Release of new extended sentence prisoners: consequential provision]

(release of new extended sentence prisoners: consequential provision) has

effect.’.

Power to change test for release on licence of certain prisoners

Secretary Kenneth Clarke

NC34

To move the following Clause:—

‘(1)
The Secretary of State may by order provide that, following a referral by the

Secretary of State of the case of an IPP prisoner or an extended sentence prisoner,

the Parole Board—

(a)
must direct the prisoner’s release if it is satisfied that conditions specified

in the order are met, or

Consideration of Bill: 1 November 2011
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(b)
must do so unless it is satisfied that conditions specified in the order are

met.

(2)
An order under this section may—

(a)
amend section 28 of the Crime (Sentences) Act 1997 (duty to release IPP

prisoners and others),

(b)
amend section 246A of the Criminal Justice Act 2003 (release on licence

of extended sentence prisoners),

(c)
make provision in relation to any person whose case is disposed of by the

Parole Board on or after the day on which the regulations come into force

(even if the Secretary of State referred that person’s case to the Board

before that day),

(d)
make different provision in relation to IPP prisoners and extended

sentence prisoners, and

(e)
include consequential provision.

(3)
An order under this section is to be made by statutory instrument.

(4)
A statutory instrument containing an order under this section may not be made

unless a draft of the instrument has been laid before, and approved by a resolution

of, each House of Parliament.

(5)
In this section—

“extended sentence prisoner” means a prisoner who is serving a sentence

under section 226A or 226B of the Criminal Justice Act 2003;

“IPP prisoner” means a prisoner who is serving one or more of the following

sentences and is not serving any other life sentence—

(a)
a sentence of imprisonment for public protection or detention in

a young offender institution for public protection under section

225 of the Criminal Justice Act 2003 (including one imposed as

a result of section 219 of the Armed Forces Act 2006);

(b)
a sentence of detention for public protection under section 226 of

the Criminal Justice Act 2003 (including one imposed as a result

of section 221 of the Armed Forces Act 2006);

“life sentence” has the same meaning as in section 34 of the Crime

(Sentences) Act 1997.’.

Determination of minimum term in relation to mandatory life sentence

Kate Green

Paul Maynard

Dame Anne Begg

Mark Durkan

Stephen Lloyd

Jeremy Corbyn

NC3

To move the following Clause:—

‘In Schedule 21 of the Criminal Justice Act 2003—

“(a)
Substitute paragraph 5(2)(g) with—

“(g)
a murder that is racially or religiously aggravated or aggravated

by sexual orientation or disability,”

(b)
Substitute paragraph 5A(10)(b) with—



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