House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

77
301
Page 216, line 43, at end insert—

“9A(1)
Section 147A (extension of driving disqualification where custodial

sentence also imposed) is amended as follows.

      (2)
In subsection (4)(e)—

(a)
for “227” substitute “226A”,

(b)
for “half” substitute “two-thirds of”, and

(c)
for “227(2C)(a)” substitute “226A(5)(a)”.

      (3)
In subsection (4)(f)—

(a)
for “228” substitute “226B”,

(b)
for “half” substitute “two-thirds of”, and

(c)
for “228(2B)(a)” substitute “226B(3)(a)”.

      (4)
In subsection (8) omit “or 247(2)”.

      (5)
In subsection (9) omit paragraph (b).”
302
Page 217, line 13, leave out “before “227(2)” insert “226A(4), 226B(2)”” and insert

“for “227(2) and 228(2)” substitute “226A(4) and 226B(2)””
303
Page 217, line 14, leave out paragraph 16 and insert—

“16(1)
Section 156 (pre-sentence reports and other requirements) is amended as

follows.

      (2)
In subsection (3)(a) for “section 227(1)(b) or section 228(1)(b)(i)”

substitute “section 226A(1)(b) or section 226B(1)(b)”.

      (3)
After subsection (9) (inserted by paragraph 13A of Schedule 17) insert—

“(10)
The reference in subsection (1) to a court forming the opinion

mentioned in section 153(2) includes a court forming that opinion

for the purposes of section 226A(6) or 226B(4).”
304
Page 217, line 15, at end insert—

“16A
In the heading of section 225 (life sentence or imprisonment for public

protection for serious offences) omit “or imprisonment for public

protection”.

16B
In the heading of section 226 (detention for life or detention for public

protection for serious offences by those aged under 18) omit “or

detention for public protection”.

16C
In section 231 (appeals where convictions set aside) in subsection (1)—

(a)
in paragraph (a) after “225(3)” insert “, 226A”,

(b)
in paragraph (b)—

(i)
before “227(2A)” insert “226A(2) or”, and

(ii)
before “227(2B)” insert “226A(3) or”, and

(c)
in paragraph (c) after “may be)” insert “226A(2) or”.

16D
Omit section 232 (certificates of convictions for the purposes of sections

225 and 227).”
305
Page 217, line 21, at end insert—

“19A
In section 330 (orders and rules) in subsection (5)(a) omit—

(a)
“227(6),”, and

78

(b)
“228(7)”.

19B
Omit Schedule 15A (offences specified for the purposes of sections

225(3A) and 227(2A)).”
306
Page 217, line 26, at end insert—

“Counter-Terrorism Act 2008 (c. 28)

20A
In section 45(1)(a) of the Counter-Terrorism Act 2008 (sentences or

orders triggering notification requirements under Part 4 of that Act) after

sub-paragraph (vi) (but before the “or” at the end of that sub-paragraph)

insert—

“(via)
detention under section 226B of that Act

(extended sentence of detention for certain

dangerous offenders aged under 18),”.

Coroners and Justice Act 2009 (c. 25)

20B(1)
Section 126 of the Coroners and Justice Act 2009 (determination of tariffs

etc) is amended as follows.

      (2)
In subsection (1)—

(a)
omit paragraphs (a) and (b),

(b)
in paragraph (c) for “227 of that Act” substitute “226A of the

Criminal Justice Act 2003”, and

(c)
in paragraph (d) for “228” substitute “226B”.

      (3)
In subsection (2)—

(a)
omit paragraph (b),

(b)
in paragraph (c) for “227(3) of that Act” substitute “226A(6) of the

Criminal Justice Act 2003”, and

(c)
in paragraph (d) for “228(3)” substitute “226B(4)”.

      (4)
In subsection (4) for the words from “has” to the end substitute “means

a sentence mentioned in subsection (2) of section 34 of the Crime

(Sentences) Act 1997 other than a sentence mentioned in paragraph (d)

or (e) of that subsection”.

Consequential repeals

20C
In consequence of amendments made by section 113, 115 or 116 or this

Schedule—

(a)
in the Criminal Justice Act 2003, omit paragraph 4 of Schedule 18,

and

(b)
in the Criminal Justice and Immigration Act 2008 omit—

(i)
sections 13, 14, 15, 16 and 18(2);

(ii)
Schedule 5;

(iii)
in Schedule 26, paragraph 76.”
307
Transpose Schedule 18 to after Schedule 19
Schedule 19
308
Page 218, line 18, leave out paragraph 2 and insert—

79

“2  (1)
Section 237 (meaning of “fixed-term prisoner” etc) is amended as

follows.

      (2)
In subsection (1)(b), before “227” insert “226A, 226B,”.

      (3)
In subsection (3), before “227” insert “226A or”.”
309
Page 218, line 21, leave out “after “Sentencing Act” insert “or section 226B”” and

insert “for “228” substitute “226B””
310
Page 218, line 24, leave out paragraphs (a) and (b) and insert “, before “227” insert

“226A, 226B,”.”
311
Page 218, line 25, at end insert—

“4A(1)
Section 246 (power to release prisoners on licence) is amended as

follows.

      (2)
In subsection (4)(a), after “section” insert “226A,”.

      (3)
In subsection (6), in the definition of “term of imprisonment”, before

“227” insert “226A, 226B,”.”
312
Page 218, line 28, after “before” insert “the first”
313
Page 218, line 29, leave out paragraph (b) and insert—

“(b)
before the second “227” insert “226A, 226B,”.”
314
Page 218, line 39, at end insert—

“6A
In section 258 (early release of fine defaulters and contemnors), in

subsection (3A), before “227” insert “226A, 226B,”.”
315
Page 219, line 24, leave out “before “228” insert “226B or”” and insert “before “227”

insert “226A, 226B,””
316
Page 219, line 33, leave out sub-paragraph (3) and insert—

    “(3)
In subsection (7) before “227” insert “226A, 226B,”.”
317
Page 219, line 35, leave out “before “228” insert “226B or”” and insert “before “227”

insert “226A, 226B,””
Before Schedule 20
318
Insert the following new Schedule—

“Dangerous offenders subject to service law etc

Part 1

Sentences for dangerous offenders subject to service law etc

Armed Forces Act 2006 (c. 52)

1
The Armed Forces Act 2006 is amended as follows.

2
After section 218 and the italic heading “Required or discretionary

sentences for particular offences” insert—

80

“218A
Life sentence for second listed offence

(1)
This section applies where—

(a)
a person aged 18 or over is convicted by the Court Martial

of an offence under section 42 (criminal conduct);

(b)
the corresponding offence under the law of England and

Wales is an offence listed in Part 1 of Schedule 15B to the

2003 Act;

(c)
the offence was committed after this section comes into

force; and

(d)
the sentence condition and the previous offence condition

are met.

(2)
Section 224A(2) of the 2003 Act applies in relation to the offender.

(3)
In section 224A(2)(a) of that Act as applied by subsection (2)—

(a)
the reference to “the offence” is to be read as a reference

to the offence under section 42; and

(b)
the reference to “the previous offence referred to in

subsection (4)” is to be read as a reference to the previous

offence referred to in subsection (5) of this section.

(4)
The sentence condition is that, but for this section, the Court

Martial would, in compliance with sections 260(2) and 261(2),

impose a sentence of imprisonment for 10 years or more,

disregarding any extension period imposed under section 226A

of the 2003 Act as applied by section 219A of this Act.

(5)
The previous offence condition is that—

(a)
at the time the offence under section 42 was committed,

the offender had been convicted of an offence listed in

Schedule 15B to the 2003 Act (“the previous offence”); and

(b)
a relevant life sentence or a relevant sentence of

imprisonment or detention for a determinate period was

imposed on the offender for the previous offence.

(6)
A sentence is relevant for the purposes of subsection (5)(b) if it

would be relevant for the purposes of section 224A(4)(b) of the

2003 Act (see subsections (5) to (10) of that section).

(7)
A sentence required to be imposed by section 224A(2) of that Act

as a result of this section is not to be regarded as a sentence fixed

by law.”

3    (1)
Section 219 (dangerous offenders aged 18 or over) is amended as follows.

      (2)
For subsection (2) substitute—

“(2)
Section 225(2) of the 2003 Act applies in relation to the offender.”

      (3)
In subsection (3) omit “and (3A)”.

4
In the heading of that section for “Dangerous” substitute “Life sentence

for certain dangerous”.

5
After that section insert—



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