House of Commons Amendments

Session 2010 - 12
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Notices of Amendments: 26 October 2011
3633

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

(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.’.

Secretary Kenneth Clarke

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

Notices of Amendments: 26 October 2011
3634

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

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).

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).

Notices of Amendments: 26 October 2011
3635

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

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.

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).

Notices of Amendments: 26 October 2011
3636

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

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

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.

Notices of Amendments: 26 October 2011
3637

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

      (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.

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

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,”.

Notices of Amendments: 26 October 2011
3638

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

7
In section 164 (interpretation) in subsection (3)(c) after “section” insert

“224A,”.

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—



© Parliamentary copyright	Revised 27 October 2011