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Notices of Amendments: 26 October 2011                  

3639

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

“(3)    

Subsection (4) applies where—

 

(a)    

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

 

(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”.’.


 
 

Notices of Amendments: 26 October 2011                  

3640

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

Secretary Kenneth Clarke

 

NS6

 

To move the following Schedule:—

 

‘New extended sentences: consequential and transitory provision

 

Part 1

 

Consequential provision

 

Juries Act 1974 (c. 23)

 

1          

In Part 2 of Schedule 1 to the Juries Act 1974 (persons disqualified from jury

 

service) in paragraph 6(d), before “227” insert “226A, 226B,”.

 

Rehabilitation of Offenders Act 1974 (c. 53)

 

2          

In section 5 of the Rehabilitation of Offenders Act 1974 (sentences excluded

 

from rehabilitation under that Act) in subsection (1)(f), before “227” insert

 

“226A, 226B,”.

 

Criminal Justice Act 1982 (c. 48)

 

3          

In section 32 of the Criminal Justice Act 1982 (early release of prisoners) in

 

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

 

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

 

violent or sexual offences: persons 18 or over) applies in

 

relation to the custodial sentence, a period equal to two-thirds

 

of the term imposed pursuant to section 226A(5)(a) of that Act

 

after that term has been reduced by any relevant discount;

 

(db)    

where section 226B of that Act (extended sentence for certain

 

violent or sexual offences: persons under 18) applies in

 

relation to the custodial sentence, a period equal to two-thirds

 

of the term imposed pursuant to section 226B(3)(a) of that Act

 

after that term has been reduced by any relevant discount;”.

 

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

 

5          

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

 

6          

In section 76 (meaning of “custodial sentence”) in subsection (1)(bc) after

 

“section” insert “226B or”.

 

7    (1)  

Section 99 (conversion of sentence of detention to sentence of imprisonment)

 

is amended as follows.

 

      (2)  

In subsection (3), omit the words from “; and” to the end.

 

      (3)  

After that subsection insert—

 

“(3A)    

Where the Secretary of State gives a direction under subsection (1)

 

above in relation to an offender serving an extended sentence of

 

detention imposed under Chapter 5 of Part 12 of the Criminal Justice

 

Act—


 
 

Notices of Amendments: 26 October 2011                  

3641

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

(a)    

if the sentence was imposed under section 226B of that Act,

 

the offender shall be treated as if the offender had been

 

sentenced under section 226A of that Act, and

 

(b)    

if the sentence was imposed under section 228 of that Act, the

 

offender shall be treated as if the offender had been sentenced

 

under section 227 of that Act.”

 

      (4)  

In subsection (5)(c), after “section” insert “226B or”.

 

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.

 

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),

 

in paragraph (l), before “228” insert “226B or”.

 

Criminal Justice Act 2003 (c. 44)

 

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)”.

 

17         

In section 235 (detention under sections 226 and 228) after “226” insert “,

 

226B”.

 

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”.

 

Part 2

 

Transitory provision

 

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).


 
 

Notices of Amendments: 26 October 2011                  

3642

 

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

 
 

      (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

 

effect as if—

 

(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”.’.

 

Secretary Kenneth Clarke

 

NS7

 

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

 

subsection (12)—

 

(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.

 

      (2)  

In subsection (4)—

 

(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

 

amended as follows.

 

      (2)  

After subsection (2) insert—


 
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Revised 27 October 2011