Session 2010 - 12
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Other Bills before Parliament


 
 

21

 
 

“(3)    

In this Chapter, references to a sentence of detention under section

 

96 of the Sentencing Act or section 227 of this Act are references to

 

a sentence of detention in a young offender institution.”

 

(4)    

In section 244(3)(a) (duty to release prisoners: requisite custodial period),

 

after “91” insert “or 96”.

 

(5)    

In section 250(4) (licence conditions)—

 

(a)    

after “91” insert “or 96”;

 

(b)    

before “228” insert “227 or”.

 

(6)    

In section 258 (early release of fine defaulters and contemnors), after

 

subsection (3) insert—

 

“(3A)    

The reference in subsection (3) to sentences of imprisonment

 

includes sentences of detention under section 91 or 96 of the

 

Sentencing Act or under section 227 or 228 of this Act.”

 

(7)    

In section 263(4) (concurrent terms)—

 

(a)    

after “91” insert “or 96”;

 

(b)    

before “228” insert “227 or”.

 

(8)    

In section 264(7) (consecutive terms)—

 

(a)    

after “91” insert “or 96”;

 

(b)    

before “228” insert “227 or”.

 

(9)    

In section 265(2) (restriction on consecutive sentences)—

 

(a)    

after “91” insert “or 96”;

 

(b)    

before “228” insert “227 or”.

 

(10)    

In Part 2 of the Crime (Sentences) Act 1997 (life sentences: release on

 

licence)—

 

(a)    

in section 31A(5) (termination of licences), in the definition of

 

“preventive sentence”, after “a sentence of imprisonment” insert “or

 

detention in a young offender institution”;

 

(b)    

in section 34(2)(d) (interpretation), after “a sentence of

 

imprisonment” insert “or detention in a young offender

 

institution”.

 

(11)    

In the Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order

 

2005 (S.I. 2005/643), article 3(7), (10), (11), (12), (13), (14), (15) and (17)(a)

 

and (b) (transitory provision replaced by this section) are revoked.”

Clause 112

126

Leave out Clause 112

Before Clause 113

127

Insert the following new Clause—

 

“      

Simplification of existing transitional provisions

 

(1)    

Chapter 6 of Part 12 of the Criminal Justice Act 2003 (“the 2003 Act”) is to

 

apply to any person serving a sentence for an offence committed before 4

 

April 2005 (whenever that sentence was or is imposed).


 
 

22

 
 

(2)    

Section 258 of the 2003 Act (release of fine defaulters and contemnors) is to

 

apply to any person who was, before 4 April 2005, committed to prison or

 

to be detained under section 108 of the Powers of Criminal Courts

 

(Sentencing) Act 2000—

 

(a)    

in default of payment of a sum adjudged to be paid by a conviction,

 

or

 

(b)    

for contempt of court or any kindred offence.

 

(3)    

In accordance with subsections (1) and (2)—

 

(a)    

the repeal of Part 2 of the Criminal Justice Act 1991 which is made

 

by section 303(a) of the 2003 Act has effect in relation to any person

 

mentioned in those subsections;

 

(b)    

paragraphs 15 to 18, 19(a), (c) and (d), 20, 22 to 28 and 30 to 34 of

 

Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8

 

and Transitional and Saving Provisions) Order 2008 (S.I. 2005/950)

 

(which relate to the coming into force of provisions of Chapter 6 of

 

Part 12 of the 2003 Act) are revoked.

 

(4)    

Section 86 of the Powers of Criminal Courts (Sentencing) Act 2000

 

(extension of periods in custody and on licence in the case of certain sexual

 

offences) is repealed.

 

(5)    

Schedule (Amendments of the Criminal Justice Act 2003: transitional and

 

consequential provision) (transitional and other provision consequential on

 

this section) has effect.

 

(6)    

Schedule (Criminal Justice Act 2003: restatement of transitional provision)

 

(amendments to the 2003 Act restating the effect of certain transitional and

 

other provision relating to the release and recall of prisoners) has effect.”

Clause 113

128

Transpose Clause 113 to after Clause 114

Clause 114

129

Page 91, line 28, leave out “seriousness” and insert “sentence”

130

Page 91, line 35, leave out from beginning to “a” in line 37 and insert “The sentence

 

condition is that, but for this section, the court would, in compliance with sections

 

152(2) and 153(2), impose”

131

Page 92, line 27, leave out “220 or 222” and insert “219A, 220, 221A or 222”

Clause 115

132

Page 93, line 43, at end insert—

 

“(10)    

In subsections (1)(a) and (8), references to a specified offence, a specified

 

violent offence and a specified sexual offence include an offence that—

 

(a)    

was abolished before 4 April 2005, and

 

(b)    

would have constituted such an offence if committed on the day on

 

which the offender was convicted of the offence.

 

(11)    

Where the offence mentioned in subsection (1)(a) was committed before

 

4 April 2005—


 
 

23

 
 

(a)    

subsection (1)(c) has effect as if the words “by section 224A or

 

225(2)” were omitted, and

 

(b)    

subsection (6) has effect as if the words “in compliance with section

 

153(2)” were omitted.”

133

Page 94, line 34, at end insert—

 

“(8)    

In subsections (1)(a) and (6), references to a specified offence, a specified

 

violent offence and a specified sexual offence include an offence that—

 

(a)    

was abolished before 4 April 2005, and

 

(b)    

would have constituted such an offence if committed on the day on

 

which the offender was convicted of the offence.

 

(9)    

Where the offence mentioned in subsection (1)(a) was committed before

 

4 April 2005—

 

(a)    

subsection (1) has effect as if paragraph (c) were omitted, and

 

(b)    

subsection (4) has effect as if the words “in compliance with section

 

153(2)” were omitted.”

134

Page 94, line 35, leave out subsection (2)

Clause 116

135

Page 95, line 11, leave out “Part 1” and insert “Parts 1 to 3”

136

Page 95, line 13, leave out “that Part” and insert “those Parts”

After Clause 116

137

Insert the following new Clause—

 

“Sections 113, 115 and 116: consequential and transitory provision

 

Schedule 18 (abolition of certain sentences for dangerous offenders and

 

new extended sentences: consequential and transitory provision) has

 

effect.”

138

Insert the following new Clause—

 

“Dangerous offenders subject to service law etc          

 

Schedule (Dangerous offenders subject to service law etc) (dangerous offenders

 

subject to service law etc) has effect.”

Clause 117

139

Page 96    , line 3, leave out “an IPP prisoner or an extended sentence prisoner” and

 

insert “a discretionary release prisoner”

140

Page 96    , line 8, at end insert—

 

“(1A)    

“Discretionary release prisoner” means—

 

(a)    

an IPP prisoner,

 

(b)    

an extended sentence prisoner, or

 

(c)    

a person to whom paragraph 4, 15, 24 or 27 of Schedule 20B to the

 

Criminal Justice Act 2003 (determinate sentence prisoners subject to

 

transitional provisions) applies.”


 
 

24

141

Page 96, line 13, at end insert—

 

“( )    

amend paragraph 6, 15, 25 or 28 of Schedule 20B to the Criminal

 

Justice Act 2003 (release on licence of determinate sentence

 

prisoners subject to transitional provisions),”

142

Page 96, line 18, leave out “IPP prisoners and extended sentence prisoners” and

 

insert “each of the categories of discretionary release prisoner mentioned in

 

subsection (1A)”

143

Page 96, line 27, at end insert “(including one imposed as a result of section 219A

 

or 221A of the Armed Forces Act 2006)”

Clause 120

144

Page 101, line 9, at end insert—

 

“(2A)    

The relevant Minister may issue a transit order where—

 

(a)    

international arrangements apply to any of the Channel

 

Islands or the Isle of Man which provide for the transfer

 

between that island and a country or territory outside the

 

British Islands of persons to whom subsection (2B) applies;

 

and

 

(b)    

the relevant Minister has received a request from the

 

appropriate authority of that island for the transit of a

 

person to whom subsection (2B) applies through a part of

 

Great Britain.

 

(2B)    

A person falls within this subsection if—

 

(a)    

that person is for the time being required to be detained in a

 

prison, a hospital or any other institution either—

 

(i)    

by virtue of an order made in the course of the

 

exercise of its criminal jurisdiction by a court or

 

tribunal in the island from which the transit request

 

is made; or

 

(ii)    

by virtue of any provisions of the law of that island

 

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 6D(1), that person is

 

present in that island.”

145

Page 101, line 10, after “(2)(a)” insert “or (2B)(a)”

146

Page 101, line 14, after “(1)(b)” insert “or (2A)(b)”

147

Page 101, line 23, at end insert “or (2A)(b)”

148

Page 103, line 25, after “6A(2)(a)” insert “or (2B)(a)”

Clause 124

149

Page 107, line 29, after “instrument” insert “(whenever passed or made)”

150

Page 107, line 36, after “instrument” insert “(whenever passed or made)”

151

Page 107, line 36, leave out “66ZA” and insert “66ZB”


 
 

25

 

After Clause 127

152

Insert the following new Clause—

 

“CHAPTER 7A

 

REHABILITATION OF OFFENDERS

 

Establishment or alteration of rehabilitation periods

 

(1)    

The Rehabilitation of Offenders Act 1974 is amended as follows.

 

(2)    

In section 5(1)(b) and (d) (sentences excluded from rehabilitation) for

 

“thirty months” substitute “forty eight months”.

 

(3)    

In the opening words of section 5(1A) (references to provisions of the

 

Armed Forces Act 2006) for “subsection (1)(d)” substitute “this section”.

 

(4)    

For section 5(2) to (11) (rehabilitation periods) substitute—

 

“(2)    

For the purposes of this Act and subject to subsections (3) and (4),

 

the rehabilitation period for a sentence is the period—

 

(a)    

beginning with the date of the conviction in respect of which

 

the sentence is imposed, and

 

(b)    

ending at the time listed in the following Table in relation to

 

that sentence:

 

Sentence

End of rehabilitation

End of rehabilitation

 
  

period for adult

period for offenders

 
  

offenders

under 18 at date of

 
   

conviction

 
 

A custodial sentence of more than 30

The end of the

The end of the

 
 

months and up to, or consisting of, 48

period of 7 years

period of 42

 
 

months

beginning with the

months beginning

 
  

day on which the

with the day on

 
  

sentence

which the sentence

 
  

(including any

(including any

 
  

licence period) is

licence period) is

 
  

completed

completed

 
 

A custodial sentence of more than 6

The end of the

The end of the

 
 

months and up to, or consisting of, 30

period of 48

period of 24

 
 

months

months beginning

months beginning

 
  

with the day on

with the day on

 
  

which the sentence

which the sentence

 
  

(including any

(including any

 
  

licence period) is

licence period) is

 
  

completed

completed

 
 

A custodial sentence of 6 months or

The end of the

The end of the

 
 

less

period of 24

period of 18

 
  

months beginning

months beginning

 
  

with the day on

with the day on

 
  

which the sentence

which the sentence

 
  

(including any

(including any

 
  

licence period) is

licence period) is

 
  

completed

completed

 
 

Removal from Her Majesty’s service

The end of the

The end of the

 
  

period of 12

period of 6 months

 
  

months beginning

beginning with the

 
  

with the date of the

date of the

 
  

conviction in

conviction in

 
  

respect of which

respect of which

 
  

the sentence is

the sentence is

 
  

imposed

imposed

 
 

A sentence of service detention

The end of the

The end of the

 
  

period of 12

period of 6 months

 
  

months beginning

beginning with the

 
  

with the day on

day on which the

 
  

which the sentence

sentence is

 
  

is completed

completed

 
 

A fine

The end of the

The end of the

 
  

period of 12

period of 6 months

 
  

months beginning

beginning with the

 
  

with the date of the

date of the

 
  

conviction in

conviction in

 
  

respect of which

respect of which

 
  

the sentence is

the sentence is

 
  

imposed

imposed

 
 

A compensation order

The date on which

The date on which

 
  

the payment is

the payment is

 
  

made in full

made in full

 
 

A community or youth rehabilitation

The end of the

The end of the

 
 

order

period of 12

period of 6 months

 
  

months beginning

beginning with the

 
  

with the day

day provided for

 
  

provided for by or

by or under the

 
  

under the order as

order as the last

 
  

the last day on

day on which the

 
  

which the order is

order is to have

 
  

to have effect

effect

 
 

A relevant order

The day provided

The day provided

 
  

for by or under the

for by or under the

 
  

order as the last

order as the last

 
  

day on which the

day on which the

 
  

order is to have

order is to have

 
  

effect

effect

 

 
 

26


 
 

27

 
 

(3)    

Where no provision is made by or under a community or youth

 

rehabilitation order or a relevant order for the last day on which the

 

order is to have effect, the rehabilitation period for the order is to be

 

the period of 24 months beginning with the date of conviction.

 

(4)    

There is no rehabilitation period for—

 

(a)    

an order discharging a person absolutely for an offence, or

 

(b)    

any other sentence in respect of a conviction where the

 

sentence is not dealt with in the Table or under subsection

 

(3),

 

    

and, in such cases, references in this Act to any rehabilitation period

 

are to be read as if the period of time were nil.

 

(5)    

See also—

 

(a)    

section 8AA (protection afforded to spent alternatives to

 

prosecution), and

 

(b)    

Schedule 2 (protection for spent cautions).

 

(6)    

The Secretary of State may by order amend column 2 or 3 of the

 

Table or the number of months for the time being specified in

 

subsection (3).

 

(7)    

For the purposes of this section—

 

(a)    

consecutive terms of imprisonment or other custodial

 

sentences are to be treated as a single term,

 

(b)    

terms of imprisonment or other custodial sentences which

 

are wholly or partly concurrent (that is terms of

 

imprisonment or other custodial sentences imposed in

 

respect of offences of which a person was convicted in the

 

same proceedings) are to be treated as a single term,

 

(c)    

no account is to be taken of any subsequent variation, made

 

by a court dealing with a person in respect of a suspended

 

sentence of imprisonment, of the term originally imposed,

 

(d)    

no account is to be taken of any subsequent variation of the

 

day originally provided for by or under an order as the last

 

day on which the order is to have effect,

 

(e)    

no account is to be taken of any detention or supervision

 

ordered by a court under section 104(3) of the Powers of

 

Criminal Courts (Sentencing) Act 2000,

 

(f)    

a sentence imposed by a court outside England and Wales is

 

to be treated as the sentence mentioned in this section to

 

which it most closely corresponds.


 
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