House of Commons Amendments

Session 2010 - 12
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Other Bills before Parliament

Notices of Amendments: 27 October 2011
3659

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

(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.

(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

Notices of Amendments: 27 October 2011
3660

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

(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).

(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

Notices of Amendments: 27 October 2011
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Legal Aid, Sentencing and Punishment of Offenders Bill, continued

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

(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.

Notices of Amendments: 27 October 2011
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Legal Aid, Sentencing and Punishment of Offenders Bill, continued

(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.

(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—

Notices of Amendments: 27 October 2011
3663

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

“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—

(e)
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);

(f)
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

NC3

To move the following Clause:—

‘In Schedule 21 of the Criminal Justice Act 2003—

“(1)
Substitute subsection 5(2)(g) with—

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

by sexual orientation or disability,”

(2)
Substitute subsection 5A(10)(b) with—

“(b)
the fact that the victim was at greater risk of harm because of age

or disability,”.’.

Notices of Amendments: 27 October 2011
3664

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

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

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).

Notices of Amendments: 27 October 2011
3665

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

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).

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.



© Parliamentary copyright	Revised 28 October 2011