House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

56

“SCHEDULE

Amendments of the Criminal Justice Act 2003: transitional and

consequential provision

Part 1

Transitional provision

1
The Criminal Justice Act 2003 is amended as follows.

2
After section 267 insert—

“267A
Application of Chapter 6 to pre-4 April 2005 cases


Schedule 20A (which modifies certain provisions of this Chapter

as they apply to persons serving a sentence for an offence

committed before 4 April 2005) has effect.”

3
After Schedule 20 insert—

“Schedule 20A

Section 267A

Application of Chapter 6 of Part 12 to pre-4 April 2005 cases

1
In this Schedule—

“the 1991 Act” means the Criminal Justice Act 1991;

“the commencement date” means the date on which

section (Simplification of existing transitional provisions)

of the Legal Aid, Sentencing and Punishment of

Offenders Act 2012 comes into force.

2
Paragraphs 3 to 9 apply in relation to any person serving a

sentence for an offence committed before 4 April 2005,

whenever that sentence was imposed (see section

(Simplification of existing transitional provisions)(1) of the Legal

Aid, Sentencing and Punishment of Offenders Act 2012).

3    (1)
Any relevant period is to be treated, for the purposes of section

240ZA, as if it were a period for which the offender was

remanded in custody in connection with the offence.

      (2)
“Relevant period” means any period which would (but for the

repeal of section 67 of the Criminal Justice Act 1967) be a

relevant period within the meaning of that section (reduction

of sentences by period spent in custody etc).

4
Section 246 applies as if, in subsection (4)—

(a)
the reference in paragraph (a) to section 227 or 228

were a reference to section 85 of the Sentencing Act;

(b)
the reference in paragraph (d) to paragraph 9(1)(b) or

(c) or 10(1)(b) or (c) of Schedule 8 were a reference to

paragraph 4(1)(d) or 5(1)(d) of Schedule 3 to the

Sentencing Act;

(c)
in paragraph (g)—

(i)
the reference to section 246 included a reference

to section 34A of the 1991 Act,

57

(ii)
the reference to section 255(1)(a) included a

reference to section 38A(1)(a) or 39(1) or (2) of

the 1991 Act, and

(iii)
the reference to section 255(3) included a

reference to section 38A(3) of the 1991 Act;

(d)
the references in paragraph (h) to sections 248 and 254

included references to, respectively, sections 36 and

39(1) or (2) of the 1991 Act; and

(e)
in paragraph (i), the words from “in the case of” to

“relates” were omitted.

5    (1)
Where the person has been released on licence under Part 2 of

the 1991 Act or under section 60 of the Criminal Justice Act

1967 before the commencement date, the person is to be

treated as if the release had been under this Chapter.

      (2)
In particular, the following provisions apply.

      (3)
A licence under section 34A of the 1991 Act is to be treated as

if it were a licence under section 246.

      (4)
A licence under section 36 of the 1991 Act is to be treated as if

it were a licence under section 248.

      (5)
Any condition of a licence specified under section 37 of the

1991 Act is to have effect as if it were included under section

250 (whether or not the condition is of a kind which could

otherwise be included under that section).

      (6)
Where the licence is, on the commencement date, subject to a

suspension under section 38(2) of the 1991 Act, the suspension

continues to have effect for the period specified by the court

despite the repeal of that section.

      (7)
A licence under section 40A of the 1991 Act is to be treated as

if it were a licence under this Chapter, except that in respect of

any failure (before or after the commencement date) to comply

with the conditions of the licence, the person is liable to be

dealt with in accordance with section 40A(4) to (6) (despite the

repeal of that section) and is not liable to be dealt with in any

other way.

      (8)
Sub-paragraph (1) does not affect the duration of the licence.

6    (1)
Where a person has been recalled under Part 2 of the 1991 Act

before the commencement date, the person is to be treated as

if the recall had been under section 254.

      (2)
In particular, the following provisions apply.

      (3)
If the Secretary of State has not referred the person’s case to the

Board under section 39(4) or 44A of the 1991 Act, the Secretary

of State must refer the case under section 255C(4).

      (4)
If the Secretary of State has referred the person’s case to the

Board under section 39(4) or 44A of the 1991 Act, that reference

is to be treated as if it had been made under section 255C(4).

58

      (5)
A determination of a reference under section 39(4) or 44A of

the 1991 Act is to be treated as a determination under section

256(1).

      (6)
If the person is released on licence, the duration of that licence

is determined in accordance with section 249 (subject to

paragraphs 17, 19 and 26 of Schedule 20B).

7
Rules made by virtue of section 42 of the 1991 Act have effect

as if made by virtue of section 257.

8    (1)
A person removed from prison under section 46A of the 1991

Act before the commencement date is to be treated as having

been removed from prison under section 260.

      (2)
Section 260 applies as if, in subsection (7)—

(a)
the reference to an extended sentence imposed under

section 227 or 228 were a reference to an extended

sentence imposed under section 85 of the Sentencing

Act, and

(b)
the reference to the appropriate custodial term

determined under section 227 or 228 were a reference

to the custodial term determined under section 85.

9
An order made under section 47 of the 1991 Act is to have

effect as if it were an order made under section 243.

10
Section 264 applies as if the definition of “custodial period” in

subsection (6) included, in relation to an extended sentence

imposed under section 85 of the Sentencing Act, one-half of the

custodial term determined under that section.”

Part 2

Consequential amendments

Repatriation of Prisoners Act 1984 (c. 47)

4
In section 2(4)(b)(i) of the Repatriation of Prisoners Act 1984 (power to

provide for prisoner to be treated as having been released) for “section

244 or 246” substitute “Chapter 6 of Part 12”.

Criminal Justice Act 1991 (c. 53)

5
In Schedule 12 to the Criminal Justice Act 1991, omit paragraphs 8 to 13

(transitional provisions relating to the coming into force of Part 2 of that

Act).

Crime (Sentences) Act 1997 (c. 43)

6
Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners

within the British Islands) is amended as follows.

7
In paragraph 8 (transfers to Scotland)—

(a)
in sub-paragraph (2)(a), after “246 to 264A” insert “, 267A and

267B”;

(b)
in sub-paragraph (4)(a), for “and 249 to 264A” substitute “, 249 to

264A, 267A and 267B”.

59

8
In paragraph 9(2)(a) and (4)(a) (transfers to Northern Ireland), for “and

254 to 264A” substitute “, 254 to 264A, 267A and 267B”.

Extradition Act 2003 (c. 41)

9
The Extradition Act 2003 is amended as follows.

10
In section 59 (return of person to serve remainder of sentence), in

subsection (11)—

(a)
omit paragraph (a);

(b)
in paragraph (b), for “section 244” substitute “Chapter 6 of Part

12”.

11
In section 132 (return of person to serve remainder of sentence), in

subsection (11)—

(a)
omit paragraph (a);

(b)
in paragraph (b), for “section 244” substitute “Chapter 6 of Part

12”.

12
In section 153B (return of person in pursuance of undertaking), in

subsection (10)(a)—

(a)
omit sub-paragraph (i);

(b)
in sub-paragraph (ii), for “section 244” substitute “Chapter 6 of

Part 12”.

Criminal Justice Act 2003 (c. 44)

13
The Criminal Justice Act 2003 is amended as follows.

14
In section 240A(1)(a) (crediting of periods of remand on bail), omit the

words “committed on or after 4th April 2005”.

15  (1)
The repeal by section 25 of the Criminal Justice and Immigration Act

2008 of provisions in section 247 of the Criminal Justice Act 2003 comes

fully into force.

      (2)
Accordingly, in paragraph 2 of Schedule 2 to the Criminal Justice and

Immigration Act 2008 (Commencement No.2 and Transitional and

Savings Provisions) Order 2008 (S.I. 2008/1586), omit “and 25”.

16
Omit section 262 and Schedule 20 (prisoners liable to removal from

United Kingdom).

17
Omit section 265(1A) (restriction on consecutive sentences for released

prisoners).

Domestic Violence, Crime and Victims Act 2004 (c. 28)

18
Omit paragraph 46 of Schedule 10 to the Domestic Violence, Crime and

Victims Act 2004.

Police and Justice Act 2006 (c. 48)

19
Omit paragraph 33 of Schedule 13 to the Police and Justice Act 2006.

Criminal Justice and Immigration Act 2008 (c. 4)

20
In the Criminal Justice and Immigration Act 2008, omit—

60

(a)
sections 20(4)(b), 26 to 28, 32 and 33(1), (3), (5) and (6);

(b)
paragraph 29(2) to (5) of Schedule 26;

(c)
paragraphs 8 and 9 of Schedule 27.

Coroners and Justice Act 2009 (c. 25)

21
In the Coroners and Justice Act 2009, omit—

(a)
section 145;

(b)
paragraph 43 of Schedule 22.

Criminal Justice and Immigration Act 2008 (Commencement No.1 and Transitional

Provisions) Order 2008 (S.I. 2008/1466)

22
Article 3 of the Criminal Justice and Immigration Act 2008

(Commencement No.1 and Transitional Provisions) Order 2008 (S.I.

2008/1466) is revoked.”
283
Insert the following new Schedule—

“SCHEDULE

Criminal Justice Act 2003: restatement of transitional provision

1
The Criminal Justice Act 2003 is amended as follows.

2
In section 244 (duty to release prisoners on licence), after subsection (3)

insert—

“(4)
This section is subject to paragraphs 5, 6, 8, 25 and 28 of Schedule

20B (transitional cases).”

3
In section 247 (release on licence of prisoner serving extended sentence),

after subsection (7) insert—

“(8)
In its application to a person serving a sentence imposed before

14 July 2008, this section is subject to the modifications set out in

paragraph 15 of Schedule 20B (transitional cases).”

4
In section 249 (duration of licence), at the end insert—

“(5)
This section is subject to paragraphs 17, 19 and 26 of Schedule

20B (transitional cases).”

5    (1)
Section 258 (early release of fine defaulters and contemnors) is amended

as follows.

      (2)
After subsection (2) insert—

“(2A)
Subsection (2) is subject to paragraph 35 of Schedule 20B

(transitional cases).”

      (3)
In subsection (3) after “in this section” insert “or in paragraph 35 of

Schedule 20B”.

6
In section 260 (early removal of prisoners liable to removal from UK),

after subsection (7) insert—

“(8)
Paragraphs 36 and 37 of Schedule 20B (transitional cases) make

further provision about early removal of certain prisoners.”

61

7
In section 263 (concurrent terms), after subsection (4) insert—

“(5)
This section is subject to paragraphs 21, 31 and 32 of Schedule

20B (transitional cases).”

8
In section 264 (consecutive terms), after subsection (7) insert—

“(8)
This section is subject to paragraphs 21, 22, 31, 32 and 33 of

Schedule 20B (transitional cases).”

9
After section 267A (inserted by Schedule (Amendments of the Criminal

Justice Act 2003: transitional and consequential provision)) insert—

“267B
Modification of Chapter 6 in certain transitional cases


Schedule 20B (which modifies this Chapter so as to restate, with

minor amendments, the effect of transitional provisions relating

to the coming into force of this Chapter) has effect.”

10
After Schedule 20A (inserted by Schedule (Amendments of the Criminal

Justice Act 2003: transitional and consequential provision)) insert—

“Schedule 20B

Section 267B

Modifications of Chapter 6 of Part 12 in certain transitional

cases

Part 1

Introductory

Interpretation

1    (1)
The following provisions apply for the purposes of this

Schedule.

      (2)
“The commencement date” means the date on which section

(Simplification of existing transitional provisions) of the Legal

Aid, Sentencing and Punishment of Offenders Act 2012 comes

into force.

      (3)
“The 1967 Act” means the Criminal Justice Act 1967.

      (4)
“The 1991 Act” means the Criminal Justice Act 1991.

      (5)
A “section 85 extended sentence” means an extended sentence

under section 85 of the Sentencing Act and includes (in

accordance with paragraph 1(3) of Schedule 11 to that Act) a

sentence under section 58 of the Crime and Disorder Act 1998.

      (6)
In relation to a section 85 extended sentence, “the custodial

term” and “the extension period” have the meaning given by

that section.

      (7)
References to section 86 of the Sentencing Act include (in

accordance with paragraph 1(3) of Schedule 11 to that Act)

section 44 of the 1991 Act as originally enacted.

      (8)
A “1967 Act sentence” is a sentence imposed before 1 October

1992.

      (9)
A “1991 Act sentence” is a sentence which is—

62

(a)
imposed on or after 1 October 1992 but before 4 April

2005, or

(b)
imposed on or after 4 April 2005 but before the

commencement date and is either—

(i)
imposed in respect of an offence committed

before 4 April 2005, or

(ii)
for a term of less than 12 months.

    (10)
A “2003 Act sentence” is a sentence which is—

(a)
imposed on or after the commencement date, or

(b)
imposed on or after 4 April 2005 but before the

commencement date and is both—

(i)
imposed in respect of an offence committed on

or after 4 April 2005, and

(ii)
for a term of 12 months or more.

    (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 this

Schedule to have been committed on the last of those days.

Explanation of dates

2
The following dates (which are mentioned in this Schedule)

are dates on which changes to the law relating to the release

and recall of prisoners came into force—

1 October 1992 is the date on which Part 2 of the Criminal

Justice Act 1991 came into force;

30 September 1998 is the date on which certain provisions

of the Crime and Disorder Act 1998 came into force;

4 April 2005 is the date on which this Chapter came into

force;

9 June 2008 is the date on which section 26 of the Criminal

Justice and Immigration Act 2008 came into force;

14 July 2008 is the date on which certain other provisions

of that Act came into force;

2 August 2010 is the date on which section 145 of the

Coroners and Justice Act 2009 came into force.

Part 2

Prisoners serving 1991 Act sentences etc

3    (1)
This Part applies to certain persons serving a 1991 Act

sentence.

      (2)
This Part also applies to a person serving a 2003 Act sentence

which is—

(a)
a section 85 extended sentence, or

(b)
an extended sentence imposed under section 227 or 228

before 14 July 2008.

      (3)
But this Part does not apply to a person who—

(a)
has been released on licence under Part 2 of the 1991

Act,



© Parliamentary copyright	Revised 29 March 2012