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| |
| |
|
| | “(3) | Subsection (4) applies where— |
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| | (a) | a sentence has been imposed on a person under section 224A, |
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| | (b) | a previous sentence imposed on that person has been |
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| | subsequently modified on appeal, and |
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| | (c) | taking account of that modification, the previous offence |
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| | condition in section 224A(4) would not have been met. |
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| | (4) | Notwithstanding anything in section 18 of the Criminal Appeal Act |
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| | 1968, notice of appeal against the sentence mentioned in subsection |
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| | (3)(a) may be given at any time within 28 days from the date on which |
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| | the previous sentence was modified.” |
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| | 20 | After section 232 insert— |
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| | “232A | Certificates of conviction |
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| | |
| | (a) | on any date after the commencement of Schedule 15B a |
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| | person is convicted in England and Wales of an offence listed |
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| | |
| | (b) | the court by or before which the person is so convicted states |
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| | in open court that the person has been convicted of such an |
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| | offence on that date, and |
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| | (c) | that court subsequently certifies that fact, |
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| | | that certificate is evidence, for the purposes of section 224A, that the |
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| | person was convicted of such an offence on that date.” |
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| | 21 | In section 305(4) (interpretation of Part 12) after paragraph (ba) insert— |
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| | “(bb) | a sentence falls to be imposed under section 224A if the court |
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| | is obliged to pass a sentence of imprisonment for life under |
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| | |
| | Coroners and Justice Act 2009 (c. 25) |
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| | 22 | In section 125(6) of the Coroners and Justice Act 2009 (sentencing guidelines: |
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| | duty of court) after paragraph (d) insert— |
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| | “(da) | section 224A of that Act (life sentence for second listed |
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| | offence for certain dangerous offenders);”. |
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| | |
| | |
| | 23 (1) | In relation to any time before the coming into force of section 61 of the |
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| | Criminal Justice and Court Services Act 2000 (abolition of sentences of |
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| | detention in a young offender institution, custody for life etc), Part 12 of the |
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| | Criminal Justice Act 2003 (sentencing) has effect with the following |
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| | |
| | (2) | In section 224A (life sentence for second listed offence)— |
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| | (a) | in subsection (2), after “imprisonment for life” insert “or, in the case |
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| | of a person aged at least 18 but under 21, custody for life”, and |
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| | (b) | in subsection (3), after “more” insert “or, if the person is aged at least |
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| | 18 but under 21, a sentence of detention in a young offender institution |
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| | |
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| |
| |
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| |
| | |
| To move the following Schedule:— |
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| | ‘New extended sentences: consequential and transitory provision |
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| | |
| | |
| | |
| | 1 | In Part 2 of Schedule 1 to the Juries Act 1974 (persons disqualified from jury |
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| | service) in paragraph 6(d), before “227” insert “226A, 226B,”. |
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| | Rehabilitation of Offenders Act 1974 (c. 53) |
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| | 2 | In section 5 of the Rehabilitation of Offenders Act 1974 (sentences excluded |
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| | from rehabilitation under that Act) in subsection (1)(f), before “227” insert |
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| | |
| | Criminal Justice Act 1982 (c. 48) |
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| | 3 | In section 32 of the Criminal Justice Act 1982 (early release of prisoners) in |
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| | subsection (1)(a), before “227” insert “226A or”. |
|
| | Road Traffic Offenders Act 1988 (c. 53) |
|
| | 4 | In section 35A of the Road Traffic Offenders Act 1988 (extension of |
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| | disqualification where custodial sentence imposed as well as driving |
|
| | disqualification) in subsection (4) after paragraph (d) insert— |
|
| | “(da) | where section 226A of that Act (extended sentence for certain |
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| | violent or sexual offences: persons 18 or over) applies in |
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| | relation to the custodial sentence, a period equal to two-thirds |
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| | of the term imposed pursuant to section 226A(5)(a) of that Act |
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| | after that term has been reduced by any relevant discount; |
|
| | (db) | where section 226B of that Act (extended sentence for certain |
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| | violent or sexual offences: persons under 18) applies in |
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| | relation to the custodial sentence, a period equal to two-thirds |
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| | of the term imposed pursuant to section 226B(3)(a) of that Act |
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| | after that term has been reduced by any relevant discount;”. |
|
| | Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) |
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| | 5 | The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows. |
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| | 6 | In section 76 (meaning of “custodial sentence”) in subsection (1)(bc) after |
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| | “section” insert “226B or”. |
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| | 7 (1) | Section 99 (conversion of sentence of detention to sentence of imprisonment) |
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| | |
| | (2) | In subsection (3), omit the words from “; and” to the end. |
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| | (3) | After that subsection insert— |
|
| | “(3A) | Where the Secretary of State gives a direction under subsection (1) |
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| | above in relation to an offender serving an extended sentence of |
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| | detention imposed under Chapter 5 of Part 12 of the Criminal Justice |
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| | |
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|
| |
| |
|
| | (a) | if the sentence was imposed under section 226B of that Act, |
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| | the offender shall be treated as if the offender had been |
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| | sentenced under section 226A of that Act, and |
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| | (b) | if the sentence was imposed under section 228 of that Act, the |
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| | offender shall be treated as if the offender had been sentenced |
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| | under section 227 of that Act.” |
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| | (4) | In subsection (5)(c), after “section” insert “226B or”. |
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| | 8 | In section 100 (offenders under 18: detention and training orders) in subsection |
|
| | (1) after “226” insert “, 226B”. |
|
| | 9 | In section 106A(1) (interaction of detention and training orders with sentences |
|
| | of detention), in paragraph (b) of the definition of “sentence of detention”, after |
|
| | “section” insert “226B or”. |
|
| | Criminal Justice and Court Services Act 2000 (c. 43) |
|
| | 10 | The Criminal Justice and Court Services Act 2000 is amended as follows. |
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| | 11 | In section 62 (release on licence etc: conditions as to monitoring) in subsection |
|
| | (5)(f), after “226” insert “, 226B”. |
|
| | 12 | In section 64 (release on licence: drug testing requirements) in subsection |
|
| | (5)(f), after “226” insert “, 226B”. |
|
| | Sexual Offences Act 2003 (c. 42) |
|
| | 13 | In section 131 of the Sexual Offences Act 2003 (young offenders: application), |
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| | in paragraph (l), before “228” insert “226B or”. |
|
| | Criminal Justice Act 2003 (c. 44) |
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| | 14 | The Criminal Justice Act 2003 is amended as follows. |
|
| | 15 | In section 153 (length of discretionary custodial sentences: general provision) |
|
| | in subsection (2) before “227(2)” insert “226A(4), 226B(2)”. |
|
| | 16 | In section 156 (pre-sentence reports and other requirements) in subsection |
|
| | (3)(a) after “226(1)(b),” insert “section 226A(1)(b), section 226B(1)(b)”. |
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| | 17 | In section 235 (detention under sections 226 and 228) after “226” insert “, |
|
| | |
| | 18 | In the heading of that section after “226” insert “, 226B”. |
|
| | 19 | In section 327 (arrangements for assessing etc risks posed by certain offenders: |
|
| | interpretation) in subsection (3)(b)(vi) after “section” insert “226B or”. |
|
| | Offender Management Act 2007 (c. 21) |
|
| | 20 (1) | Section 28 of the Offender Management Act 2007 (application of polygraph |
|
| | conditions for certain offenders released on licence) is amended as follows. |
|
| | (2) | In subsection (3)(a) after “section” insert “226A or”. |
|
| | (3) | In subsection (3)(f) after “226” insert “, 226B”. |
|
| | |
| | |
| | 21 (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), Chapter 5 of Part |
|
| | 12 of the Criminal Justice Act 2003 (sentencing: dangerous offenders) has |
|
| | effect with the modifications in sub-paragraphs (2) and (3). |
|
|
|
| |
| |
|
| | (2) | In section 226A (extended sentence for certain violent or sexual offences: |
|
| | persons 18 or over), at the end insert— |
|
| | “(12) | In the case of a person aged at least 18 but under 21, this section has |
|
| | |
| | (a) | the reference in subsection (1)(c) to imprisonment for life |
|
| | were to custody for life, and |
|
| | (b) | other references to imprisonment (including in the expression |
|
| | “extended sentence of imprisonment”) were to detention in a |
|
| | young offender institution.” |
|
| | (3) | In section 226B (mandatory extended sentence for certain violent or sexual |
|
| | offences: persons under 18), in subsection (7), for “18” substitute “21”. |
|
| | 22 (1) | In relation to any time before the repeal of section 30 of the Criminal Justice |
|
| | and Court Services Act 2000 (protection of children: supplemental) by |
|
| | Schedule 10 to the Safeguarding Vulnerable Groups Act 2006, that section has |
|
| | effect with the modification in sub-paragraph (2). |
|
| | (2) | In subsection (1), in paragraph (dd) of the definition of “qualifying sentence”, |
|
| | after “226” insert “, 226B”.’. |
|
| |
| | |
| To move the following Schedule:— |
|
| | ‘Release of new extended sentence prisoners: consequential provision |
|
| | 1 | Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release and |
|
| | recall) (as amended by Chapter 4 of Part 3 of this Act) is amended as follows. |
|
| | 2 | In section 237 (meaning of “fixed-term prisoner” etc), in subsection (1)(b), |
|
| | before “228” insert “226B”. |
|
| | 3 | In section 238 (power of court to recommend licence conditions), in subsection |
|
| | (4), after “Sentencing Act” insert “or section 226B”. |
|
| | 4 | In section 240ZA (time remanded in custody to count as time served), in |
|
| | |
| | (a) | in paragraph (a), after “or section” insert “226B or”, and |
|
| | (b) | in paragraph (b), after “or section” insert “226A or”. |
|
| | 5 (1) | Section 250 (licence conditions) is amended as follows. |
|
| | |
| | (a) | before “227” insert “226A or”, and |
|
| | (b) | before “228” insert “226B or”. |
|
| | (3) | After subsection (5) insert— |
|
| | “(5A) | In respect of a prisoner serving an extended sentence imposed under |
|
| | section 226A or 226B whose release is directed by the Board under |
|
| | section 246A(5), a licence under— |
|
| | (a) | section 246A(5) (initial release), or |
|
| | (b) | section 255C (release after recall), |
|
| | | may not include conditions referred to in subsection (4)(b)(ii) unless |
|
| | the Board directs the Secretary of State to include them.” |
|
| | 6 | In section 255A (further release after recall), in subsection (7)(a) (meaning of |
|
| | “extended sentence prisoner”) after “section” insert “226A, 226B,”. |
|
| | 7 (1) | Section 260 (early removal of prisoners liable to removal from UK) is |
|
| | |
| | (2) | After subsection (2) insert— |
|
|