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Legal Aid, Sentencing and Punishment of Offenders BillPage 70

the reference to the offender’s “sentence”), consecutive terms and terms
which are wholly or partly concurrent are to be treated as a single term
if—

(a) the sentences were passed on the same occasion, or

(b) 5where they were passed on different occasions, the person has
not been released at any time during the period beginning with
the first and ending with the last of those occasions.

(10) The reference in subsection (4) to detention in connection with any
other matter does not include remand in custody in connection with
10another offence but includes—

(a) detention pursuant to any custodial sentence;

(b) committal in default of payment of any sum of money;

(c) committal for want of sufficient distress to satisfy any sum of
money;

(d) 15committal for failure to do or abstain from doing anything
required to be done or left undone.

(11) Where an offence is found to have been committed over a period of two
or more days, or at some time during a period of two or more days, it
is to be taken for the purposes of subsection (1) to have been committed
20on the last of those days.

(12) This section applies to—

(a) a determinate sentence of detention under section 91 of the
Sentencing Act or section 228 of this Act, or

(b) a sentence of detention in a young offender institution under
25section 96 of the Sentencing Act or section 227 of this Act,

as it applies to an equivalent sentence of imprisonment.

91 Crediting of periods of remand on bail

(1) Section 240A of the Criminal Justice Act 2003 (crediting periods of remand on
bail: terms of imprisonment and detention) is amended as follows.

(2) 30In subsection (2), for “subsection (4)” substitute “subsections (3A) and (3B)”.

(3) For subsections (3) to (7) substitute—

(3) The credit period is calculated by taking the following steps.

Step 1

Add—

Step 2

Deduct the number of days on which the offender, whilst on bail
subject to the relevant conditions, was also—

Legal Aid, Sentencing and Punishment of Offenders BillPage 71

Step 3

From the remainder, deduct the number of days during that remainder
on which the offender has broken either or both of the relevant
conditions.

10Step 4

Divide the result by 2.

Step 5

If necessary, round up to the nearest whole number.

(3A) A day of the credit period counts as time served—

(a) 15in relation to only one sentence, and

(b) only once in relation to that sentence.

(3B) A day of the credit period is not to count as time served as part of any
period of 28 days served by the offender before automatic release (see
section 255B(1)).

(4) 20In subsection (8)—

(a) omit “or (5)”;

(b) for paragraph (b) substitute—

(b) the number of days (if any) which it deducted under
each of steps 2 and 3.

(5) 25Omit subsections (9) and (10).

(6) In subsection (11)—

(a) for “Subsections (7) to (10) of section 240” substitute “Subsections (7) to
(9), (11) and (12) of section 240ZA”;

(b) in paragraph (b), for “in subsection (8) the reference to subsection (3) of
30section 240 is” substitute “in subsection (9) the references to subsections
(3) and (5) of section 240ZA are”.

(7) In subsection (12)—

(a) before the definition of “electronic monitoring condition” insert—

(b) omit the definition of “related offence” and the “and” preceding it.

(8) 40In the heading of the section, for “Crediting periods of remand on bail”
substitute “Time remanded on bail to count towards time served”.

92 Amendments consequential on sections 90 and 91

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

(2) In section 237(1C) (meaning of “fixed-term prisoner”)—

(a) 45for “section 240” substitute “section 240ZA”;

Legal Aid, Sentencing and Punishment of Offenders BillPage 72

(b) after “Armed Forces Act 2006)” insert “or section 240A”.

(3) Section 241 (effect of direction under section 240 or 240A) is amended as
follows.

(4) In subsection (1)—

(a) 5for “to whom a direction under section 240 or 240A relates” substitute
“to whom section 240ZA applies or a direction under section 240A
relates”;

(b) for “specified in the direction” substitute “specified in section 240ZA or
in the direction under section 240A”.

(5) 10In subsection (1A), for “a direction under section 240 or 240A includes a
direction under” substitute “section 240ZA includes”.

(6) In the heading, for “direction under section 240 or 240A” substitute “section
240ZA or direction under section 240A”.

(7) In section 242 (interpretation of sections 240 to 241), in subsections (1) and (2)
15and in the heading, for “sections 240” substitute “sections 240ZA”.

(8) For section 243(2) (persons extradited to the United Kingdom) substitute—

(2) In the case of an extradited prisoner, the court must specify in open
court the number of days for which the prisoner was kept in custody
while awaiting extradition.

(2A) 20Section 240ZA applies to days specified under subsection (2) as if they
were days for which the prisoner was remanded in custody in
connection with the offence or a related offence.

(9) In section 246 (power to release prisoners early)—

(a) in subsection (4)(i), for “to whom a direction under section 240 or 240A
25relates” substitute “to whom section 240ZA applies or a direction under
section 240A relates”;

(b) in subsection (4A)(b), for “a direction under section 240 includes a
direction under” substitute “section 240ZA includes”.

(10) In section 269 (determination of minimum term in relation to mandatory life
30sentence)—

(a) in subsection (3)(b), for the words from “any direction which it would
have given” to “certain types of condition)” substitute “section 240ZA
(crediting periods of remand in custody) or of any direction which it
would have given under section 240A (crediting periods of remand on
35certain types of bail)”;

(b) after that subsection insert—

(3A) The reference in subsection (3)(b) to section 240ZA includes
section 246 of the Armed Forces Act 2006 (crediting periods in
service custody).

(11) 40In section 330(5) (rules to be subject to affirmative resolution)—

(a) after paragraph (b) insert “or”, and

(b) omit paragraph (d) and the “or” preceding it.

(12) Schedule 12 (crediting of time in custody: Armed Forces amendments) has
effect.

Legal Aid, Sentencing and Punishment of Offenders BillPage 73

(13) In consequence of the amendments made by this section, in the Criminal
Justice and Immigration Act 2008 omit—

(a) section 21(2), (5) and (7);

(b) section 22(2) and (3).

5Release

93 Prisoners serving less than 12 months

(1) After section 243 of the Criminal Justice Act 2003 insert—

Unconditional release
243A Duty to release prisoners serving less than 12 months

(1) 10This section applies to a fixed-term prisoner who is serving a sentence
which is—

(a) for a term of less than twelve months, and

(b) imposed in respect of an offence committed on or after 4th April
2005.

(2) 15As soon as a prisoner to whom this section applies has served the
requisite custodial period for the purposes of this section, it is the duty
of the Secretary of State to release that person unconditionally.

(3) For the purposes of this section “the requisite custodial period” is—

(a) in relation to a person serving a sentence of imprisonment for a
20term of less than twelve months or a determinate sentence of
detention under section 91 or 96 of the Sentencing Act for such
a term, one-half of the sentence, and

(b) in relation to a person serving two or more concurrent or
consecutive sentences, the period determined under sections
25263(2) and 264(2).

(2) Schedule 13 (amendments consequential on subsection (1)) has effect.

94 Restrictions on early release subject to curfew

(1) In section 246 of the Criminal Justice Act 2003 (power to release prisoners on
licence), subsection (4) is amended as follows.

(2) 30After paragraph (a) insert—

(aa) the sentence is for a term of 4 years or more,.

(3) In paragraph (g)—

(a) for “during the currency of the sentence” substitute “at any time”, and

(b) at the end insert “(and the revocation has not been cancelled under
35section 255(3))”.

(4) Omit the “or” at the end of paragraph (h) and after that paragraph insert—

(ha) the prisoner has at any time been returned to prison under
section 40 of the Criminal Justice Act 1991 or section 116 of the
Sentencing Act, or.

Legal Aid, Sentencing and Punishment of Offenders BillPage 74

(5) After subsection (4) of that section insert—

(4ZA) Where subsection (4)(aa) applies to a prisoner who is serving two or
more terms of imprisonment, the reference to the term of the sentence
is—

(a) 5if the terms are partly concurrent, a reference to the period
which begins when the first term begins and ends when the last
term ends;

(b) if the terms are to be served consecutively, a reference to the
aggregate of the terms.

(6) 10In subsection (6) of that section, at the end insert—

15Further release after recall

95 Cancellation of revocation of licence

(1) After section 254(2) of the Criminal Justice Act 2003 (representations by person
recalled) insert—

(2A) The Secretary of State, after considering any representations under
20subsection (2)(a) or any other matters, may cancel a revocation under
this section.

(2B) The Secretary of State may cancel a revocation under subsection (2A)
only if satisfied that the person recalled has complied with all the
conditions specified in the licence.

(2C) 25Where the revocation of a person’s licence is cancelled under
subsection (2A), the person is to be treated as if the recall under
subsection (1) had not happened.

(2) In section 255(3) of that Act (cancellation of revocation under section 255), for
“subsection (2)(b)” substitute “subsection (2)(a)”.

96 30Further release after recall

(1) For sections 255A to 255D of the Criminal Justice Act 2003 (further release after
recall) substitute—

Further release after recall
255A Further release after recall: introductory

(1) 35This section applies for the purpose of identifying which of sections
255B and 255C governs the further release of a person who has been
recalled under section 254.

(2) The Secretary of State must, on recalling a person other than an
extended sentence prisoner, consider whether the person is suitable for
40automatic release.

Legal Aid, Sentencing and Punishment of Offenders BillPage 75

(3) For this purpose “automatic release” means release at the end of the
period of 28 days beginning with the date on which the person returns
to custody.

(4) A person is suitable for automatic release only if the Secretary of State
5is satisfied that the person will not present a risk of serious harm to
members of the public if released at the end of that period.

(5) The person must be dealt with—

(a) in accordance with section 255B if suitable for automatic release;

(b) in accordance with section 255C otherwise.

(6) 10For the purposes of this section, a person returns to custody when that
person, having been recalled, is detained (whether or not in prison) in
pursuance of the sentence.

(7) An “extended sentence prisoner” is a prisoner serving an extended
sentence imposed under—

(a) 15section 227 or 228 of this Act, or

(b) section 85 of the Powers of Criminal Courts (Sentencing) Act
2000;

and paragraph (b) includes (in accordance with paragraph 1(3) of
Schedule 11 to the Powers of Criminal Courts (Sentencing) Act 2000) a
20reference to section 58 of the Crime and Disorder Act 1998.

255B Automatic release

(1) A prisoner who is suitable for automatic release (“P”) must—

(a) on return to prison, be informed that he or she will be released
under this section (subject to subsections (8) and (9)), and

(b) 25at the end of the 28 day period mentioned in section 255A(3), be
released by the Secretary of State on licence under this Chapter
(unless P is released before that date under subsection (2) or (5)).

(2) The Secretary of State may, at any time after P is returned to prison,
release P again on licence under this Chapter.

(3) 30The Secretary of State must not release P under subsection (2) unless the
Secretary of State is satisfied that it is not necessary for the protection of
the public that P should remain in prison until the end of the period
mentioned in subsection (1)(b).

(4) If P makes representations under section 254(2) before the end of that
35period, the Secretary of State must refer P’s case to the Board on the
making of those representations.

(5) Where on a reference under subsection (4) the Board recommends P’s
immediate release on licence under this Chapter, the Secretary of State
must give effect to the recommendation.

(6) 40Subsection (7) applies if P is recalled before the date on which P would
(but for the earlier release) have served the requisite custodial period
for the purposes of section 243A or (as the case may be) section 244.

(7) Where this subsection applies—

(a) if P is released under this section before that date, P’s licence
45must include a curfew condition complying with section 253,
and

Legal Aid, Sentencing and Punishment of Offenders BillPage 76

(b) P is not to be so released (despite subsections (1)(b) and (5))
unless the Secretary of State is satisfied that arrangements are in
place to enable that condition to be complied with.

(8) Subsection (9) applies if, after P has been informed that he or she will
5be released under this section, the Secretary of State receives further
information about P (whether or not relating to any time before P was
recalled).

(9) If the Secretary of State determines, having regard to that and any other
relevant information, that P is not suitable for automatic release—

(a) 10the Secretary of State must inform P that he or she will not be
released under this section, and

(b) section 255C applies to P as if the Secretary of State had
determined, on P’s recall, that P was not suitable for automatic
release.

255C 15Extended sentence prisoners and those not suitable for automatic
release

(1) This section applies to a prisoner (“P”) who—

(a) is an extended sentence prisoner, or

(b) is not considered to be suitable for automatic release.

(2) 20The Secretary of State may, at any time after P is returned to prison,
release P again on licence under this Chapter.

(3) The Secretary of State must not release P under subsection (2) unless the
Secretary of State is satisfied that it is not necessary for the protection of
the public that P should remain in prison.

(4) 25The Secretary of State must refer P’s case to the Board—

(a) if P makes representations under section 254(2) before the end
of the period of 28 days beginning with the date on which P
returns to custody, on the making of those representations, or

(b) if, at the end of that period, P has not been released under
30subsection (2) and has not made such representations, at that
time.

(5) Where on a reference under subsection (4) the Board recommends P’s
immediate release on licence under this Chapter, the Secretary of State
must give effect to the recommendation.

(6) 35Subsection (7) applies if P is recalled before the date on which P would
(but for the earlier release) have served the requisite custodial period
for the purposes of section 243A or (as the case may be) section 244.

(7) Where this subsection applies—

(a) if P is released under this section before that date, P’s licence
40must include a curfew condition complying with section 253,
and

(b) P is not to be so released (despite subsection (5)) unless the
Secretary of State is satisfied that arrangements are in place to
enable that condition to be complied with.

Legal Aid, Sentencing and Punishment of Offenders BillPage 77

(8) For the purposes of this section, P returns to custody when P, having
been recalled, is detained (whether or not in prison) in pursuance of the
sentence.

(2) After section 244(1) of that Act (duty to release certain prisoners on licence at
5half-way point) insert—

(1A) Subsection (1) does not apply if the prisoner has been released on
licence under section 246 and recalled under section 254 (provision for
the release of such persons being made by sections 255B and 255C).

(3) In the heading of section 253 of that Act (curfew conditions) after “section 246”
10insert “, 255B or 255C”.

(4) In section 256(1) of that Act (review by the Board), for “section 255B(4), 255C(4)
or 255D(1)” substitute “section 255B(4) or 255C(4)”.

(5) In consequence of the amendments made by this section, omit section 29(2) and
(3) of the Criminal Justice and Immigration Act 2008.

15Other provisions about release

97 Supervision of young offenders after release

After section 256A of the Criminal Justice Act 2003 insert—

Supervision of young offenders after release
256B Supervision of young offenders after release

(1) 20This section applies where a person (“the offender”) is released under
this Chapter from one of the following terms if the term is for less than
12 months—

(a) a term of detention in a young offender institution;

(b) a term of detention under section 91 of the Sentencing Act;

(c) 25a term of detention under section 209 of the Armed Forces Act
2006.

(2) The offender is to be under the supervision of—

(a) an officer of a provider of probation services,

(b) a social worker of a local authority, or

(c) 30if the offender is under the age of 18 years at the date of release,
a member of the youth offending team.

(3) Where the supervision is to be provided by an officer of a provider of
probation services, the officer must be an officer acting in the local
justice area in which the offender resides for the time being.

(4) 35Where the supervision is to be provided by—

(a) a social worker of a local authority, or

(b) a member of a youth offending team,

the social worker or member must be a social worker of, or a member
of a youth offending team established by, the local authority within
40whose area the offender resides for the time being.

Legal Aid, Sentencing and Punishment of Offenders BillPage 78

(5) The supervision period begins on the offender’s release and ends three
months later (whether or not the offender is detained under section
256C or otherwise during that period).

(6) During the supervision period, the offender must comply with such
5requirements, if any, as may for the time being be specified in a notice
from the Secretary of State.

(7) The requirements that may be specified in a notice under subsection (6)
include—

(a) requirements for securing the electronic monitoring of the
10offender’s compliance with any other requirements specified in
the notice;

(b) requirements for securing the electronic monitoring of the
offender’s whereabouts (otherwise than for the purpose of
securing compliance with requirements specified in the notice);

(c) 15in the circumstances mentioned in subsection (8), requirements
to provide, when instructed to do so by an officer of a provider
of probation services or a person authorised by the Secretary of
State, any sample mentioned in the instruction for the purpose
of ascertaining whether the offender has any specified Class A
20drug in his or her body.

(8) The circumstances referred to in subsection (7)(c) are that—

(a) the offender has attained the age of 18 years;

(b) the offender’s term of detention was imposed for a trigger
offence; and

(c) 25the requirements to provide samples are being imposed for the
purpose of determining whether the offender is complying with
any other requirements specified in the notice.

(9) The function of giving such an instruction as is mentioned in subsection
(7)(c) must be exercised in accordance with guidance given from time
30to time by the Secretary of State; and the Secretary of State may make
rules about the requirements that may be imposed by virtue of
subsection (7) and the provision of samples in pursuance of such an
instruction.

(10) In this section—

256C Breach of supervision requirements

(1) Where an offender is under supervision under section 256B and it
appears on information to a justice of the peace that the offender has

Legal Aid, Sentencing and Punishment of Offenders BillPage 79

failed to comply with requirements under section 256B(6), the justice
may—

(a) issue a summons requiring the offender to appear at the place
and time specified in the summons, or

(b) 5if the information is in writing and on oath, issue a warrant for
the offender’s arrest.

(2) Any summons or warrant issued under this section must direct the
offender to appear or be brought—

(a) before a court acting for the local justice area in which the
10offender resides, or

(b) if it is not known where the offender resides, before a court
acting for same local justice area as the justice who issued the
summons or warrant.

(3) Where the offender does not appear in answer to a summons issued
15under subsection (1)(a), the court may issue a warrant for the offender’s
arrest.

(4) If it is proved to the satisfaction of the court that the offender has failed
to comply with requirements under section 256B(6), the court may—

(a) order the offender to be detained, in prison or such youth
20detention accommodation as the Secretary of State may
determine, for such period, not exceeding 30 days, as the court
may specify, or

(b) impose on the offender a fine not exceeding level 3 on the
standard scale.

(5) 25An offender detained in pursuance of an order under subsection (4)(a)
is to be regarded as being in legal custody.

(6) A fine imposed under subsection (4)(b) is to be treated, for the purposes
of any enactment, as being a sum adjudged to be paid by a conviction.

(7) An offender may appeal to the Crown Court against any order made
30under subsection (4)(a) or (b).

(8) In this section “court” means—

(a) if the offender has attained the age of 18 years at the date of
release, a magistrates’ court other than a youth court;

(b) if the offender is under the age of 18 years at the date of release,
35a youth court.

98 Miscellaneous amendments relating to release and recall

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

(2) Omit section 248(2) (Secretary of State to consult Board before releasing
extended sentence prisoner on compassionate grounds).

(3) 40In section 260(5) (duties and powers remaining exercisable in relation to
persons removed from prison), after “244” insert “, 247”.

(4) In section 261(5) (re-entry to UK of offender removed early: re-release), after
“sentence expiry date,” insert

(a) if the person is serving an extended sentence imposed under
45section 227 or 228, section 247 has effect in relation to that

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