House of Commons Amendments

Session 2010 - 12
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Other Bills before Parliament

Notices of Amendments: 27 October 2011
3666

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

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).

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—

Notices of Amendments: 27 October 2011
3667

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

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.

      (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.

Notices of Amendments: 27 October 2011
3668

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

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,”.

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)—

Notices of Amendments: 27 October 2011
3669

Legal Aid, Sentencing and Punishment of Offenders Bill, continued

(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—

“(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—



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