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| |
| |
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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”. |
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| | Road Traffic Offenders Act 1988 (c. 53) |
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| | 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 |
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| | disqualification) in subsection (4) after paragraph (d) insert— |
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| | “(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; |
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| | (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;”. |
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| | 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— |
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| | “(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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| |
| |
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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 |
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| | (1) after “226” insert “, 226B”. |
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| | 9 | In section 106A(1) (interaction of detention and training orders with sentences |
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| | of detention), in paragraph (b) of the definition of “sentence of detention”, after |
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| | “section” insert “226B or”. |
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| | Criminal Justice and Court Services Act 2000 (c. 43) |
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| | 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 |
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| | (5)(f), after “226” insert “, 226B”. |
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| | 12 | In section 64 (release on licence: drug testing requirements) in subsection |
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| | (5)(f), after “226” insert “, 226B”. |
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| | Sexual Offences Act 2003 (c. 42) |
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| | 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”. |
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| | Criminal Justice Act 2003 (c. 44) |
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| | 14 | The Criminal Justice Act 2003 is amended as follows. |
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| | 15 | In section 153 (length of discretionary custodial sentences: general provision) |
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| | in subsection (2) before “227(2)” insert “226A(4), 226B(2)”. |
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| | 16 | In section 156 (pre-sentence reports and other requirements) in subsection |
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| | (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 “, |
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| | |
| | 18 | In the heading of that section after “226” insert “, 226B”. |
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| | 19 | In section 327 (arrangements for assessing etc risks posed by certain offenders: |
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| | interpretation) in subsection (3)(b)(vi) after “section” insert “226B or”. |
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| | Offender Management Act 2007 (c. 21) |
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| | 20 (1) | Section 28 of the Offender Management Act 2007 (application of polygraph |
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| | conditions for certain offenders released on licence) is amended as follows. |
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| | (2) | In subsection (3)(a) after “section” insert “226A or”. |
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| | (3) | In subsection (3)(f) after “226” insert “, 226B”. |
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| | |
| | |
| | 21 (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), Chapter 5 of Part |
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| | 12 of the Criminal Justice Act 2003 (sentencing: dangerous offenders) has |
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| | effect with the modifications in sub-paragraphs (2) and (3). |
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| |
| |
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| | (2) | In section 226A (extended sentence for certain violent or sexual offences: |
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| | persons 18 or over), at the end insert— |
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| | “(12) | In the case of a person aged at least 18 but under 21, this section has |
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| | |
| | (a) | the reference in subsection (1)(c) to imprisonment for life |
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| | were to custody for life, and |
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| | (b) | other references to imprisonment (including in the expression |
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| | “extended sentence of imprisonment”) were to detention in a |
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| | young offender institution.” |
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| | (3) | In section 226B (mandatory extended sentence for certain violent or sexual |
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| | offences: persons under 18), in subsection (7), for “18” substitute “21”. |
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| | 22 (1) | In relation to any time before the repeal of section 30 of the Criminal Justice |
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| | and Court Services Act 2000 (protection of children: supplemental) by |
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| | Schedule 10 to the Safeguarding Vulnerable Groups Act 2006, that section has |
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| | effect with the modification in sub-paragraph (2). |
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| | (2) | In subsection (1), in paragraph (dd) of the definition of “qualifying sentence”, |
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| | after “226” insert “, 226B”.’. |
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| |
| |
| | |
| To move the following Schedule:— |
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| | ‘Release of new extended sentence prisoners: consequential provision |
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| | 1 | Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release and |
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| | recall) (as amended by Chapter 4 of Part 3 of this Act) is amended as follows. |
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| | 2 | In section 237 (meaning of “fixed-term prisoner” etc), in subsection (1)(b), |
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| | before “228” insert “226B”. |
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| | 3 | In section 238 (power of court to recommend licence conditions), in subsection |
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| | (4), after “Sentencing Act” insert “or section 226B”. |
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| | 4 | In section 240ZA (time remanded in custody to count as time served), in |
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| | |
| | (a) | in paragraph (a), after “or section” insert “226B or”, and |
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| | (b) | in paragraph (b), after “or section” insert “226A or”. |
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| | 5 (1) | Section 250 (licence conditions) is amended as follows. |
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| | |
| | (a) | before “227” insert “226A or”, and |
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| | (b) | before “228” insert “226B or”. |
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| | (3) | After subsection (5) insert— |
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| | “(5A) | In respect of a prisoner serving an extended sentence imposed under |
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| | section 226A or 226B whose release is directed by the Board under |
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| | section 246A(5), a licence under— |
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| | (a) | section 246A(5) (initial release), or |
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| | (b) | section 255C (release after recall), |
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| | | may not include conditions referred to in subsection (4)(b)(ii) unless |
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| | the Board directs the Secretary of State to include them.” |
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| | 6 | In section 255A (further release after recall), in subsection (7)(a) (meaning of |
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| | “extended sentence prisoner”) after “section” insert “226A, 226B,”. |
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| |
| |
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| | 7 (1) | Section 260 (early removal of prisoners liable to removal from UK) is |
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| | |
| | (2) | After subsection (2) insert— |
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| | “(2A) | If a fixed-term prisoner serving an extended sentence imposed under |
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| | |
| | (a) | is liable to removal from the United Kingdom, and |
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| | (b) | has not been removed from prison under this section during |
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| | the period mentioned in subsection (1), |
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| | | the Secretary of State may remove the prisoner from prison under this |
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| | section at any time after the end of that period. |
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| | (2B) | Subsection (2A) applies whether or not the Parole Board has directed |
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| | the prisoner’s release under section 246A.” |
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| | (3) | In subsection (5), after “244” (but before “, 247”) insert “, 246A”. |
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| | (4) | In subsection (7), before paragraph (a) insert— |
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| | “(za) | in relation to a prisoner serving an extended sentence imposed |
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| | under section 226A or 226B, has the meaning given by |
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| | paragraph (a) or (b) of the definition in section 246A(8);”. |
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| | 8 (1) | Section 261 (re-entry to UK of offender removed early) is amended as follows. |
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| | (2) | In subsection (5)(b) for “or 244” substitute “, 244 or 246A”. |
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| | (3) | In subsection (6), in the definition of “requisite custodial period”, before |
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| | |
| | “(za) | in relation to a prisoner serving an extended sentence imposed |
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| | under section 226A or 226B, has the meaning given by |
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| | paragraph (a) or (b) of the definition in section 246A(8);”. |
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| | 9 | In section 263 (concurrent terms), in subsection (4), before “228” insert “226B |
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| | |
| | 10 (1) | Section 264 (consecutive terms) is amended as follows. |
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| | (2) | In subsection (6)(a) (definition of “custodial period”), before sub-paragraph (i) |
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| | |
| | “(zi) | in relation to an extended sentence imposed under |
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| | section 226A or 226B, means two-thirds of the |
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| | appropriate custodial term determined by the court |
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| | |
| | (3) | In subsection (7) before “228” insert “226B or”. |
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| | 11 | In section 265 (restriction on consecutive sentences for released prisoners), in |
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| | subsection (2), before “228” insert “226B or”.’. |
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| |
| NEW CLAUSES AND NEW SCHEDULES RELATING TO REFERRAL FEES |
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| | Rules against referral fees |
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| |
| | |
| To move the following Clause:— |
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| | ‘(1) | A regulated person is in breach of this section if— |
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| |
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| | (a) | the regulated person refers prescribed legal business to another person |
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| | and is paid or has been paid for the referral, or |
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| | (b) | prescribed legal business is referred to the regulated person, and the |
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5 | | regulated person pays or has paid for the referral. |
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| | (2) | A regulated person is also in breach of this section if in providing legal services |
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| | in the course of prescribed legal business the regulated person— |
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| | (a) | arranges for another person to provide services to the client, and |
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| | (b) | is paid or has been paid for making the arrangement. |
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10 | | (3) | Section [Regulators and regulated persons] defines “regulated person”. |
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| | (4) | “Prescribed legal business” means business that involves the provision of legal |
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| | services to a client, where— |
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| | (a) | the legal services relate to a claim or potential claim for damages for |
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| | personal injury or death, or |
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15 | | (b) | the business is of a description specified in regulations made by the Lord |
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| | |
| | (5) | There is a referral of prescribed legal business if— |
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| | (a) | a person provides information to another, |
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| | (b) | it is information that a provider of legal services would need to make an |
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20 | | offer to the client to provide relevant services, and |
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| | (c) | the person providing the information is not the client; |
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| | | and “relevant services” means any of the legal services that the business involves. |
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| | (6) | “Legal services” means services provided by a person which consist of or include |
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| | legal activities (within the meaning of the Legal Services Act 2007) carried on by |
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25 | | or on behalf of that person; and a provider of legal services is a person authorised |
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| | to carry on a reserved legal activity within the meaning of that Act. |
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| | |
| | (a) | where subsection (4)(a) applies, means the person who makes or would |
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| | |
30 | | (b) | where subsection (4)(b) applies, has the meaning given by the |
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| | |
| | (8) | Payment includes any form of consideration (but does not include the provision |
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| | of hospitality that is reasonable in the circumstances).’. |
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| | As Amendments to Secretary Kenneth Clarke’s proposed New Clause (Rules against |
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| | |
| |
| | |
| | Line 3, after first ‘paid’, insert ‘will be paid, has made an agreement to be paid,’. |
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| |
| | |
| | Line 5, after ‘pays’, insert ‘will pay, has made an agreement to pay’. |
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| |
| | |
| | Line 9, after first ‘paid’, insert ‘will be paid, has made an agreement to be paid,’. |
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| |
| | |
| | Line 14, after ‘death’, insert ‘and the meaning shall include any payment for the |
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| |
| |
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| introduction of a potential client, for information which might assist in the |
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| identification of potential clients, or of any road traffic accidents in which they |
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| may have been involved, or of any sharing of fees arising from an action, or |
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| threatened action, for the recovery of damages’. |
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| |
| | |
| | Line 16, at end insert— |
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| | ‘(4A) | A breach of the provisions of this section shall be an offence, punishable on |
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| | summary conviction by a fine not exceeding the statutory maximum or on |
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| | indictment for a term of imprisonment not exceeding two years, or a fine, or |
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| | |
| |
| | Effect of the rules against referral fees |
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| |
| | |
| To move the following Clause:— |
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| | ‘(1) | The relevant regulator must ensure that it has appropriate arrangements for |
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| | monitoring and enforcing the restrictions imposed on regulated persons by |
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| | section [Rules against referral fees]. |
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| | (2) | A regulator may make rules for the purposes of subsection (1). |
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5 | | (3) | The rules may in particular provide for the relevant regulator to exercise in |
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| | relation to anything done in breach of that section any powers (subject to |
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| | subsections (5) and (6)) that the regulator would have in relation to anything done |
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| | by the regulated person in breach of another restriction. |
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| | (4) | Where the relevant regulator is the Financial Services Authority, section |
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10 | | [Regulation by the FSA] applies instead of subsections (1) to (3) (and (7) to (9)). |
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| | (5) | A breach of section [Rules against referral fees]— |
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| | (a) | does not make a person guilty of an offence, and |
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| | (b) | does not give rise to a right of action for breach of statutory duty. |
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| | (6) | A breach of section [Rules against referral fees] does not make anything void or |
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15 | | unenforceable, but a contract to make or pay for a referral or arrangement in |
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| | breach of that section is unenforceable. |
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| | (7) | Subsection (8) applies in a case where— |
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| | (a) | a referral of prescribed legal business has been made by or to a regulated |
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| | |
20 | | (b) | a regulated person has made an arrangement as mentioned in section |
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| | [Rules against referral fees](2)(a), |
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| | | and it appears to the regulator that a payment made to or by the regulated person |
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| | may be a payment for the referral or for making the arrangement (a “referral fee”). |
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| | (8) | Rules under subsection (2) may provide for the payment to be treated as a referral |
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25 | | fee unless the regulated person shows that the payment was made— |
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| | (a) | as consideration for the provision of services, or |
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| | |
| | | and not as a referral fee. |
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| | (9) | For the purposes of provision made by virtue of subsection (8) a payment that |
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30 | | would otherwise be regarded as consideration for the provision of services of any |
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|