person as if the reference to one-half of the appropriate
custodial term were a reference to the further custodial period;

(b) in any other case,”.

(5) In section 261(6) (re-entry to UK of offender removed early: definitions), in the
5definition of “requisite custodial period”, after the words “requisite custodial
period” insert “—

• (a)

  in relation to a prisoner serving an extended sentence
  imposed under section 227 or 228, means one-half of the
  appropriate custodial term (determined by the court
  10under that section);

  (ii)

  in any other case,”.

(6) In section 263(2)(b) (concurrent terms: authority to release), for “section 244”
substitute “section 246”.

(7) In section 263(2)(c) (concurrent terms: licence period), for the words from “for
15so long, and subject to such conditions, as is” substitute “—

(i) until the last date on which the offender is required to be
on licence in respect of any of the terms, and

(ii) subject to such conditions as are”.

99 Repeal of uncommenced provisions

(1) 20This section repeals certain provisions which have not been commenced.

(2) Omit section 266 of the Criminal Justice Act 2003 (which amends section 64 of
the Criminal Justice and Court Services Act 2000 in relation to drug testing
requirements).

(3) Omit section 34 of the Police and Justice Act 2006 (which makes amendments
25of Part 12 of the Criminal Justice Act 2003 relating to imprisonment for bail
offences).

(4) Omit the following provisions of the Criminal Justice and Immigration Act
2008 (which relate to the early release of persons with a settled intention of
residing permanently outside the UK)—

(a) 30section 33(2), (4), (7) and (8) (amendments of the Criminal Justice Act
1991);

(b) section 34(2), (4)(b), (7) and (10) (amendments of the Criminal Justice
Act 2003).

(5) In Schedule 8 to the Crime and Disorder Act 1998 (minor and consequential
35amendments) omit—

(a) paragraph 86 (amendments of section 41 of the Criminal Justice Act
1991);

(b) paragraph 90 (amendment of section 47 of that Act).

Life sentence prisoners

100 Removal of prisoners from the United Kingdom

After section 32 of the Crime (Sentences) Act 1997 insert—

“Persons liable to removal from the United Kingdom

32A 5Removal of prisoners liable to removal from United Kingdom

(1) Where P—

(a) is a life prisoner in respect of whom a minimum term order has
been made, and

(b) is liable to removal from the United Kingdom,

10the Secretary of State may remove P from prison under this section at
any time after P has served the relevant part of the sentence (whether
or not the Parole Board has directed P’s release under section 28).

(2) But if P is serving two or more life sentences—

(a) this section does not apply to P unless a minimum term order
15has been made in respect of each of those sentences; and

(b) the Secretary of State may not remove P from prison under this
section until P has served the relevant part of each of them.

(3) If P is removed from prison under this section—

(a) P is so removed only for the purpose of enabling the Secretary
20of State to remove P from the United Kingdom under powers
conferred by—

(i) Schedule 2 or 3 to the Immigration Act 1971, or

(ii) section 10 of the Immigration and Asylum Act 1999, and

(b) so long as remaining in the United Kingdom, P remains liable to
25be detained in pursuance of the sentence.

(4) So long as P, having been removed from prison under this section,
remains in the United Kingdom but has not been returned to prison,
any duty or power of the Secretary of State under section 28 or 30 is
exercisable in relation to P as if P were in prison.

(5) 30In this section—

• “liable to removal from the United Kingdom” has the meaning
  given by section 259 of the Criminal Justice Act 2003;

• “the relevant part” has the meaning given by section 28.

32B Re-entry into United Kingdom of offender removed from prison

(1) 35This section applies if P, having been removed from prison under
section 32A, is removed from the United Kingdom.

(2) If P enters the United Kingdom—

(a) P is liable to be detained in pursuance of the sentence from the
time of P’s entry into the United Kingdom;

(b) 40if no direction was given by the Parole Board under subsection
(5) of section 28 before P’s removal from prison, that section
applies to P;

(c) if such a direction was given before that removal, P is to be
treated as if P had been recalled to prison under section 32.

(3) A person who is liable to be detained by virtue of subsection (2)(a) is, if
at large, to be taken for the purposes of section 49 of the Prison Act 1952
5(persons unlawfully at large) to be unlawfully at large.

(4) Subsection (2)(a) does not prevent P’s further removal from the United
Kingdom.”

Application and transitional provision

101 Application and transitional etc provision

10Schedule 14 (provision about the application of sections 90 to 100 and
transitional and transitory provision) has effect.

Restatement of earlier enactments and transitional provisions

102 Power to restate earlier enactments and existing transitional provisions

(1) This section applies to—

(a) 15an order under section 336(3) of the Criminal Justice Act 2003 which
brings into force any provision of Chapter 6 of Part 12 of that Act (“the
2003 Act”),

(b) an order under that section which brings into force the repeal of any
provision of Part 2 of the Criminal Justice Act 1991, and

(c) 20an order under section 153(7) of the Criminal Justice and Immigration
Act 2008 (“the 2008 Act”) which brings into force any provision
amending or repealing any provision of Chapter 6 of Part 12 of the 2003
Act.

(2) Such an order may—

(a) 25amend or revoke any transitory, transitional or saving provision made
by a previous order;

(b) restate (with or without amendment) any provision so revoked.

(3) The powers conferred by—

(a) section 330(4) of the 2003 Act and section 153(8)(b) of the 2008 Act
30(power to make transitory, transitional and saving provision etc), and

(b) subsection (2)(b),

may be exercised by amending or repealing any provision of Chapter 6 of Part
12 of the 2003 Act.

(4) Where an order brings into force the repeal of any provision of Part 2 of the
35Criminal Justice Act 1991, the power conferred by section 330(4) of the 2003 Act
(including that power as exercised in accordance with subsection (3) above)
may be exercised so as to make provision identical in effect to the provision
repealed.

(5) An order containing provision mentioned in subsection (2), (3) or (4) may only
40be made if a draft of the statutory instrument has been laid before, and
approved by a resolution of, each House of Parliament.

(6) In the case of an order under section 336(3) of the 2003 Act, subsection (5)
applies in place of section 330(6) of that Act.

CHAPTER 5 Prisoners etc

103 Employment in prisons: deductions etc from payments to prisoners

(1) 5In section 47 of the Prison Act 1952 (power of Secretary of State to make rules
for the regulation and management of prisons etc), in subsection (1) omit
“employment,”.

(2) After that subsection insert—

“(1A) The Secretary of State may make rules about—

(a) 10the employment of persons who are required to be detained in
secure training centres or young offender institutions;

(b) the making of payments to such persons in respect of work or
other activities undertaken by them, or in respect of their
unemployment.”

(3) 15In that section, after subsection (5) insert—

“(6) Rules made under this section may—

(a) make different provision for different cases;

(b) contain supplementary, incidental, transitional, transitory or
saving provision.”

(4) 20After that section insert—

“47A Rules about employment in prisons etc

(1) The Secretary of State may make rules about—

(a) the employment of prisoners;

(b) the making of payments to prisoners in respect of work or other
25activities undertaken by them, or in respect of their
unemployment.

(2) The Secretary of State may make rules about the making, by the
governor of the prison in which a prisoner is detained or the Secretary
of State, of reductions in payments to the prisoner in respect of—

(a) 30work undertaken by the prisoner,

(b) other activities undertaken by the prisoner, or

(c) the prisoner’s unemployment,

where those payments are made by or on behalf of the Secretary of
State.

(3) 35Rules under subsection (2) may make provision, in a case where
reductions are made by the governor, for amounts generated by the
reductions to be used by the governor—

(a) for making payments for the benefit of victims or communities;

(b) for making payments for the purposes of the rehabilitation of
40offenders;

(c) for other prescribed purposes.

(4) Rules under subsection (2) may make provision, in a case where
reductions are made by the governor—

(a) for amounts generated by the reductions to be used by the
governor for making payments into an account of a prescribed
5kind;

(b) for the administration of the account;

(c) for the making of payments out of the account to a prisoner
before or after the prisoner’s release on fulfilment by the
prisoner of prescribed conditions.

(5) 10Rules under subsection (2) that make provision for amounts generated
by reductions to be used to make payments may provide for such
payments to be made after the deduction of amounts of a prescribed
description.

(6) The Secretary of State may make rules about the making of deductions
15from, or the imposition of levies on, payments to a prisoner in respect
of—

(a) work undertaken by the prisoner,

(b) other activities undertaken by the prisoner, or

(c) the prisoner’s unemployment,

20where those payments are made otherwise than by or on behalf of the
Secretary of State.

(7) Rules under subsection (6)—

(a) may provide for deductions to be made, or levies to be imposed,
by the governor of the prison or by the Secretary of State;

(b) 25must provide that, if the governor makes the deductions or
imposes the levies, the governor must pay amounts generated
to the Secretary of State.

(8) The Secretary of State may make rules providing—

(a) for the making of payments by the Secretary of State into an
30account of a prescribed kind;

(b) for the administration of the account;

(c) for the making of payments out of the account to a prisoner
before or after the prisoner’s release on fulfilment by the
prisoner of prescribed conditions.

(9) 35Rules under this section may—

(a) make different provision for different cases;

(b) contain supplementary, incidental, transitional, transitory or
saving provision.

(10) In this section references to the governor of a prison include—

(a) 40the director of a contracted out prison within the meaning of
Part 4 of the Criminal Justice Act 1991, and

(b) an officer of a prison who may exercise the functions of a
governor in accordance with rules under section 47 or this
section.

(11) 45In this section—

• “prescribed” means prescribed by rules under this section;

• “prisoner” includes a prisoner on temporary release.”

(5) In section 66(4) of the Criminal Justice Act 1967 (procedure applying to rules
under section 47 of the Prison Act 1952), for “of the said Act of 1952” substitute
“or section 47A of the Prison Act 1952”.

(6) In section 127(6) of the Criminal Justice and Public Order Act 1994
5(inducements to prison officers to contravene prison rules: meaning of “prison
rules”), after “section 47” insert “or 47A”.

(7) In section 4 of the Prisoners’ Earnings Act 1996 (interpretation)—

(a) omit subsection (2) (application of the Act to England and Wales), and

(b) in subsection (3) (application of the Act to Scotland), for “In the
10application of this Act to Scotland” substitute “In this Act”.

(8) In section 5 of that Act (short title, commencement and extent), for subsection
(3) substitute—

“(3) This Act extends to Scotland only.”

(9) In section 45(2) of the National Minimum Wage Act 1998 (exclusion for
15prisoners doing work in pursuance of prison rules: interpretation), in
paragraph (a) of the definition of “prison rules”, after “section 47” insert “or
47A”.

(10) Before the coming into force of section 59 of the Criminal Justice and Court
Services Act 2000 (abolition of power to provide remand centres), section
2047(1A) of the Prison Act 1952 has effect as if it referred also to persons required
to be detained in remand centres.

(11) 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)—

(a) 25section 47(1A) of the Prison Act 1952 has effect as if the references to
persons required to be detained in young offender institutions were to
persons aged under 18 required to be so detained, and

(b) section 47A of that Act has effect as if—

(i) “prison” included a young offender institution, and

(ii) 30“prisoner” included a person aged 18 or over who is required to
be detained in a young offender institution.

(12) The Secretary of State may make such payments to such persons as the
Secretary of State considers appropriate in connection with measures that
appear to the Secretary of State to be intended to—

(a) 35rehabilitate offenders,

(b) prevent re-offending, or

(c) limit the impact of crime.

(13) In making payments under subsection (12), the Secretary of State must have
regard to the sums that have been made available to, or received by, the
40Secretary of State by virtue of rules under section 47A of the Prison Act 1952
(reductions, deductions and levies in respect of payments to prisoners etc.).

104 Transfer of prisoners: prosecution of other offences

In the Repatriation of Prisoners Act 1984, after section 3 insert—

“3A Prosecution of other offences

(1) This section applies where—

(a) 5a person has been transferred into the relevant area under a
warrant under section 1, and

(b) the international arrangements in accordance with which the
person has been transferred contain a speciality provision.

(2) The person must not, unless a condition in subsection (3) is met—

(a) 10be prosecuted for any offence committed before the departure
of that person from the country or territory from which that
person has been transferred, or

(b) be detained or otherwise subjected to any restriction of liberty
for any offence committed before the departure of that person
15from the country or territory from which that person has been
transferred, other than the offence in respect of which the
person has been transferred.

(3) For the purposes of subsection (2), the conditions are as follows—

(a) the person has consented to the transfer;

(b) 20the offence is an offence which is not punishable with
imprisonment or another form of detention;

(c) the offence is an offence in respect of which the person will not
be detained in connection with the person’s trial, sentence or
appeal;

(d) 25the person is given an opportunity to leave the relevant area
and—

(i) the person does not do so before the end of the
permitted period, or

(ii) if the person does so before the end of the permitted
30period, the person subsequently returns to the relevant
area;

(e) after the transfer has taken place, the person has made a
renunciation of the application of subsection (2) to the offence;

(f) the appropriate authority of the country or territory from which
35the person has been transferred consents to the prosecution of
the offence.

(4) For the purpose of subsection (3)(d) the “permitted period” is 45 days
starting with the day on which the person’s sentence ends.

(5) For the purpose of subsection (3)(e) a renunciation must be made before
40a court before which the person may be prosecuted for that offence.

(6) In this section “relevant area” means the United Kingdom except
Scotland.

(7) In this section a “speciality provision” means a provision preventing or
limiting the prosecution, detention or other restriction of liberty of the
45person (“P”) for any offence committed before the departure of P from
the country or territory from which P has been transferred, other than
for the offence in respect of which P has been transferred.”

105 Transit of prisoners

In the Repatriation of Prisoners Act 1984, after section 6 insert—

“6A Transit

(1) The relevant Minister may issue a transit order where—

(a) 5the United Kingdom is a party to international arrangements
providing for the transfer between the United Kingdom and a
country or territory outside the British Islands of persons to
whom subsection (2) applies; and

(b) the relevant Minister has received a request from the
10appropriate authority of that country or territory in accordance
with those arrangements for the transit of a person to whom
subsection (2) applies through a part of the relevant area.

(2) A person falls within this subsection if—

(a) that person is for the time being required to be detained in a
15prison, a hospital or any other institution either—

(i) by virtue of an order made in the course of the exercise
by a court or tribunal in a country or territory outside
the British Islands of its criminal jurisdiction; or

(ii) by virtue of any provisions of the law of such a country
20or territory which are similar to any of the provisions of
this Act; and

(b) except in a case where a transit request is made in the
circumstances described in section 6C(1), that person is present
in a country or territory outside the British Islands.

(3) 25Terms used in subsection (2)(a) have the same meaning as in section
1(7).

(4) In this section and sections 6B and 6C “transit order” means an order
issued by the relevant Minister, in respect of a person who has been the
subject of a request within subsection (1)(b), which authorises the
30detention of that person in any part of the relevant area at any time
when that person is in transit.

(5) In subsection (4) “detention” includes detention while the person is
being transported from one place to another place within the relevant
area.

(6) 35A person may be detained pursuant to a transit order only for as long
as is reasonable and necessary to allow the transit to take place.

(7) In this section and section 6B “relevant Minister” means—

(a) the Department of Justice in Northern Ireland, in a case where
it is proposed that the person who is the subject of a request
40under subsection (1)(b) will transit only through Northern
Ireland;

(b) the Secretary of State, in any other case.

(8) In this section and sections 6B and 6C “relevant area” means the United
Kingdom except Scotland.

(9) 45For the purposes of this section and section 6B a person who is the
subject of a transit order is “in transit” at any time during the period

beginning with the arrival of that person in the relevant area and
ending with the removal of that person from the relevant area.

6B Transit: supplementary

(1) A person who is the subject of a transit order is deemed to be in the legal
5custody of the relevant Minister at any time when that person is in
transit.

(2) A constable may for the purposes of a transit order detain a person who
is the subject of that order.

(3) The relevant Minister may, from time to time, designate any person as
10a person who is for the time being authorised for the purposes of a
transit order to detain a person under the order.

(4) A person authorised under subsection (3) has all the powers, authority,
protection and privileges of a constable in any part of the relevant area
in which the person who is the subject of the transit order is for the time
15being.

(5) If a person who is the subject of a transit order escapes or is unlawfully
at large, that person may be arrested without warrant by a constable.

(6) In this section and section 6C “constable”, in relation to any part of the
relevant area, means any person who is a constable in that or any other
20part of the relevant area or any person who has, under any enactment
(including subsection (4) above), the powers of a constable in that or
any other part of the relevant area.

6C Transit: unscheduled arrivals

(1) This section applies where—

(a) 25a person is being transferred between two countries or
territories outside the United Kingdom in accordance with
international arrangements between those two countries or
territories providing for the transfer of persons within section
6A(2)(a),

(b) 30the United Kingdom is a party to international arrangements of
the kind mentioned in section 6A(1)(a) with at least one of those
countries or territories such that the country or territory can
make a request under section 6A(1)(b), and

(c) the person makes an unscheduled arrival in the relevant area.

(2) 35A constable may detain a person to whom subsection (1) applies until
the expiry of the period of 72 hours beginning with the person’s arrival
in the relevant area or until a transit order is issued under section 6A in
respect of that person, whichever is the sooner.”

CHAPTER 6 Out of court disposals

Penalty notices

106 Penalty notices for disorderly behaviour

Schedule 15 (which amends the provision for penalty notices for disorderly
5behaviour) has effect.

Cautions

107 Conditional cautions: involvement of prosecutors

(1) The Criminal Justice Act 2003 is amended as follows.

(2) In section 22(3A) (conditions that may be attached to a conditional caution) for
10“by a relevant prosecutor” substitute “in the condition”.

(3) In section 23(2) (relevant prosecutor must decide there is sufficient evidence to
prosecute and that a conditional caution should be given) after “a relevant
prosecutor” insert “or the authorised person”.

(4) In section 23A(5) (relevant prosecutor must specify amount of financial penalty
15and how it is to be paid etc) for “a relevant prosecutor must also” substitute
“the condition must”.

(5) In section 23B (variation of conditions by relevant prosecutor) after “A relevant
prosecutor” insert “or an authorised person”.

(6) In section 25 (code of practice) in subsection (2)(ga) (Secretary of State’s code
20of practice may include provision about what a relevant prosecutor may
provide under section 23A(5)(b)) for “by a relevant prosecutor” substitute “in
a condition”.

108 Conditional cautions: removal etc of certain foreign offenders

In section 22 of the Criminal Justice Act 2003 (conditional cautions)—

(a) 25in subsection (3) (both as originally enacted and as substituted by
section 17 of the Police and Justice Act 2006) (conditions attached to
conditional cautions to have certain objects) for “such a caution”
substitute “any conditional caution”, and

(b) after subsection (3C) insert—

“(3D) 30A conditional caution given to a relevant foreign offender may
have conditions attached to it that have one or more of the
objects mentioned in subsection (3E) (whether or not in addition
to conditions with one or more of the objects mentioned in
subsection (3)).

(3E) 35The objects are—

(a) bringing about the departure of the relevant foreign
offender from the United Kingdom;