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Notices of Amendments: 26 October 2011                  

3626

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

(a)    

section 1A of the Prevention of Crime Act 1953 (threatening

 

with weapon in public);

 

(b)    

section 139AA of the Criminal Justice Act 1988 (threatening  

 

with article with blade or point or offensive weapon).”’.

 

Secretary Kenneth Clarke

 

Nick de Bois

 

Mr David Burrowes

 

Heather Wheeler

 

Mike Freer

 

Lorraine Fullbrook

 

Total signatories: 42

 

Mr Graham Brady

 

Paul Uppal

 

Kris Hopkins

 

Robert Halfon

 

Mr Brian Binley

 

Mrs Anne Main

 

Patrick Mercer

 

Priti Patel

 

Bob Stewart

 

Tracey Crouch

 

Mr Andrew Turner

 

Bob Blackman

 

Mr Steve Brine

 

Justin Tomlinson

 

Mr Lee Scott

 

Pauline Latham

 

Chris Heaton-Harris

 

Mr Marcus Jones

 

Mr Mark Field

 

Christopher Pincher

 

Gavin Barwell

 

David Mowat

 

Andrew Bingham

 

Caroline Nokes

 

Alun Cairns

 

Nigel Mills

 

Julian Smith

 

Mike Weatherly

 

Sheryll Murray

 

Gavin Williamson

 

Guto Bebb

 

Julian Sturdy

 

Stephen McPartland

 

Zac Goldsmith

 

Mr Robert Buckland

 

Charlotte Leslie

 

159

 

Page  196,  line  24  [Schedule  17],  leave out ‘1A(5)’ and insert ‘1A(5A)(a)’.

 

Secretary Kenneth Clarke

 

Nick de Bois

 

Mr David Burrowes

 

Heather Wheeler

 

Mike Freer

 

Lorraine Fullbrook

 

Total signatories: 42

 

Mr Graham Brady

 

Paul Uppal

 

Kris Hopkins

 

Robert Halfon

 

Mr Brian Binley

 

Mrs Anne Main

 

Patrick Mercer

 

Priti Patel

 

Bob Stewart

 

Tracey Crouch

 

Mr Andrew Turner

 

Bob Blackman

 

Mr Steve Brine

 

Justin Tomlinson

 

Mr Lee Scott

 

Pauline Latham

 

Chris Heaton-Harris

 

Mr Marcus Jones

 

Mr Mark Field

 

Christopher Pincher

 

Gavin Barwell

 

David Mowat

 

Andrew Bingham

 

Caroline Nokes

 

Alun Cairns

 

Nigel Mills

 

Julian Smith

 

Mike Weatherly

 

Sheryll Murray

 

Gavin Williamson

 

Guto Bebb

 

Julian Sturdy

 

Stephen McPartland

 

Zac Goldsmith

 

Mr Robert Buckland

 

Charlotte Leslie

 

160

 

Page  196,  line  27  [Schedule  17],  leave out ‘139AA(7)’ and insert ‘139AA(7A)(a)’.

 
 

Notices of Amendments: 26 October 2011                  

3627

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

Secretary Kenneth Clarke

 

Nick de Bois

 

Mr David Burrowes

 

Heather Wheeler

 

Mike Freer

 

Lorraine Fullbrook

 

Total signatories: 42

 

Mr Graham Brady

 

Paul Uppal

 

Kris Hopkins

 

Robert Halfon

 

Mr Brian Binley

 

Mrs Anne Main

 

Patrick Mercer

 

Priti Patel

 

Bob Stewart

 

Tracey Crouch

 

Mr Andrew Turner

 

Bob Blackman

 

Mr Steve Brine

 

Justin Tomlinson

 

Mr Lee Scott

 

Pauline Latham

 

Chris Heaton-Harris

 

Mr Marcus Jones

 

Mr Mark Field

 

Christopher Pincher

 

Gavin Barwell

 

David Mowat

 

Andrew Bingham

 

Caroline Nokes

 

Alun Cairns

 

Nigel Mills

 

Julian Smith

 

Mike Weatherly

 

Sheryll Murray

 

Gavin Williamson

 

Guto Bebb

 

Julian Sturdy

 

Stephen McPartland

 

Zac Goldsmith

 

Mr Robert Buckland

 

Charlotte Leslie

 

161

 

Page  196,  line  27  [Schedule  17],  at end insert—

 

‘(4)    

In the case of an offence the sentence for which falls to be imposed under a

 

provision mentioned in subsection (5), nothing in that provision prevents the

 

court from imposing any sentence that it considers appropriate after taking into

 

account any matter referred to in subsection (1) of this section.

 

(5)    

The provisions referred to in subsection (4) are—

 

section 1A(5A)(b) of the Prevention of Crime Act 1953;

 

section 139AA(7A)(b) of the Criminal Justice Act 1988.”’.

 

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).’.

 

Life sentence for second listed offence

 

Secretary Kenneth Clarke

 

NC31

 

To move the following Clause:—

 
 

Notices of Amendments: 26 October 2011                  

3628

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

‘(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.

 

(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)—

 
 

Notices of Amendments: 26 October 2011                  

3629

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

“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),

 

(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.

 
 

Notices of Amendments: 26 October 2011                  

3630

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

(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.

 

(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).

 
 

Notices of Amendments: 26 October 2011                  

3631

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

(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.

 

(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

 
 

Notices of Amendments: 26 October 2011                  

3632

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

(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

 

(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.

 
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Revised 27 October 2011