Session 2010 - 12
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Other Bills before Parliament


 
 

81

 
 

“219A

        Extended sentence for certain violent or sexual offenders aged 18

 

or over

 

(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)

 

(whether the offence was committed before or after the

 

commencement of this section);

 

(b)    

the corresponding offence under the law of England and

 

Wales is a specified offence;

 

(c)    

the court is of the required opinion (defined by section

 

223);

 

(d)    

the court is not required to impose a sentence of

 

imprisonment for life by section 224A(2) of the 2003 Act

 

(as applied by section 218A of this Act) or section 225(2)

 

of that Act (as applied by section 219 of this Act); and

 

(e)    

condition A or B is met.

 

(2)    

Condition A is that, 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.

 

(3)    

Condition B is that, if the court were to impose an extended

 

sentence of imprisonment under section 226A of the 2003 Act as

 

a result of this section, the term that it would specify as the

 

appropriate custodial term would be at least 4 years.

 

(4)    

Subsections (4) to (9) of section 226A of the 2003 Act apply in

 

relation to the offender.

 

(5)    

In section 226A(4) to (9) of the 2003 Act as applied by this

 

section—

 

(a)    

the reference in subsection (6) to section 153(2) of the 2003

 

Act is to be read as a reference to section 261(2) of this Act;

 

(b)    

the reference in subsection (7) to further specified

 

offences includes a reference to further acts or omissions

 

that would be specified offences if committed in England

 

and Wales;

 

(c)    

the reference in subsection (8)(a) to a specified violent

 

offence is to be read as a reference to an offence under

 

section 42 as respects which the corresponding offence

 

under the law of England and Wales is a specified violent

 

offence; and

 

(d)    

the reference in subsection (8)(b) to a specified sexual

 

offence is to be read as a reference to an offence under

 

section 42 as respects which the corresponding offence

 

under the law of England and Wales is a specified sexual

 

offence.

 

(6)    

In this section “specified offence”, “specified sexual offence” and

 

“specified violent offence” have the meanings given by section

 

224 of the 2003 Act.”

 

6          

Omit section 220 (certain violent or sexual offenders aged 18 or over).

 

7          

In section 221 (dangerous offenders aged under 18) for subsection (2)

 

substitute—


 
 

82

 
 

“(2)    

Section 226(2) of the 2003 Act applies in relation to the offender.”

 

8          

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

 

for certain dangerous”.

 

9          

After that section insert—

 

“221A

        Extended sentence for certain violent or sexual offenders aged

 

under 18

 

(1)    

This section applies where—

 

(a)    

a person aged under 18 is convicted by the Court Martial

 

of an offence under section 42 (criminal conduct)

 

(whether the offence was committed before or after the

 

commencement of this section);

 

(b)    

the corresponding offence under the law of England and

 

Wales is a specified offence;

 

(c)    

the court is of the required opinion (defined by section

 

223);

 

(d)    

the court is not required by section 226(2) of the 2003 Act

 

(as applied by section 221 of this Act) to impose a

 

sentence of detention for life under section 209 of this Act;

 

and

 

(e)    

if the court were to impose an extended sentence of

 

detention under section 226B of the 2003 Act as a result of

 

this section, the term that it would specify as the

 

appropriate custodial term would be at least 4 years.

 

(2)    

Subsections (2) to (7) of section 226B of the 2003 Act apply in

 

relation to the offender.

 

(3)    

In section 226B(2) to (7) of the 2003 Act as applied by this

 

section—

 

(a)    

the reference in subsection (4) to section 153(2) of the 2003

 

Act is to be read as a reference to section 261(2) of this Act;

 

(b)    

the reference in subsection (5) to further specified

 

offences includes a reference to further acts or omissions

 

that would be specified offences if committed in England

 

and Wales;

 

(c)    

the reference in subsection (6)(a) to a specified violent

 

offence is to be read as a reference to an offence under

 

section 42 as respects which the corresponding offence

 

under the law of England and Wales is a specified violent

 

offence; and

 

(d)    

the reference in subsection (6)(b) to a specified sexual

 

offence is to be read as a reference to an offence under

 

section 42 as respects which the corresponding offence

 

under the law of England and Wales is a specified sexual

 

offence.

 

(4)    

In this section “specified offence”, “specified sexual offence” and

 

“specified violent offence” have the meanings given by section

 

224 of the 2003 Act.”

 

10         

Omit section 222 (offenders aged under 18: certain violent or sexual

 

offences).


 
 

83

 
 

Part 2

 

Consequential provision

 

Juries Act 1974 (c. 23)

 

11         

In Part 2 of Schedule 1 to the Juries Act 1974 (persons disqualified from

 

jury service) in paragraph 6(d) after “2003” insert “(including such a

 

sentence imposed as a result of section 219A, 220, 221A or 222 of the

 

Armed Forces Act 2006)”.

 

Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

 

12         

In article 6(1) of the Rehabilitation of Offenders (Northern Ireland) Order

 

1978 (sentences excluded from rehabilitation under the Order) in sub-

 

paragraph (g)(iii) after “section” insert “226A, 226B,”.

 

Criminal Justice Act 1982 (c. 48)

 

13         

In section 32 of the Criminal Justice Act 1982 (early release of prisoners)

 

in subsection (1A)—

 

(a)    

before “227” insert “226A or”, and

 

(b)    

after “219” insert “, 219A”.

 

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

 

14         

The Powers of Criminal Courts (Sentencing) Act 2000 is amended as

 

follows.

 

15         

In section 99 (conversion of sentence of detention to sentence of

 

imprisonment) in subsection (6)—

 

(a)    

after “226” insert “, 226B”, and

 

(b)    

after “221” insert “, 221A”.

 

16         

In section 106A(1) (interaction with sentence of detention) in the

 

definition of “sentence of detention”—

 

(a)    

before “228”, in the second place it appears, insert “226B or”, and

 

(b)    

before “222” insert “221A or”.

 

Criminal Justice and Court Services Act 2000 (c. 43)

 

17         

The Criminal Justice and Court Services Act 2000 is amended as follows.

 

18         

In section 62 (release on licence etc: conditions as to monitoring) in

 

subsection (5)(f) after “221” insert “, 221A”.

 

19         

In section 64 (release on licence etc: drug testing requirements) in

 

subsection (5)(f) after “221” insert “, 221A”.

 

Sexual Offences Act 2003 (c. 42)

 

20         

In section 131 of the Sexual Offences Act 2003 (young offenders:

 

application) in paragraph (l) before “222” insert “221A or”.


 
 

84

 
 

Criminal Justice Act 2003 (c. 44)

 

21         

In section 237 of the Criminal Justice Act 2003 (meaning of fixed term

 

prisoner etc) in subsection (1B) after paragraph (b) insert—

 

“(ba)    

references to a sentence under section 226A of this Act

 

include a sentence under that section passed as a result of

 

section 219A of the Armed Forces Act 2006;

 

(bb)    

references to a sentence under section 226B of this Act

 

include a sentence under that section passed as a result of

 

section 221A of the Armed Forces Act 2006;”.

 

Armed Forces Act 2006 (c. 52)

 

22         

The Armed Forces Act 2006 is amended as follows.

 

23  (1)  

Section 188 (consecutive custodial sentences) is amended as follows.

 

      (2)  

In subsection (2) in paragraph (c)—

 

(a)    

for “228” substitute “226B”, and

 

(b)    

for “222” substitute “221A”.

 

      (3)  

In subsection (4) in paragraph (c)—

 

(a)    

before “228” insert “226B or”, and

 

(b)    

before “222” insert “221A or”.

 

24         

In section 209 (offenders aged under 18 convicted of certain serious

 

offences: power to detain for specified period) in subsection (7)—

 

(a)    

for “section 226(2)” substitute “sections 224A and 226(2)”, and

 

(b)    

for “section 221(2)” substitute “sections 218A and 221(2)”.

 

25         

In section 211 (offenders aged under 18: detention and training orders)

 

in subsection (4)—

 

(a)    

after “218,” insert “218A,”, and

 

(b)    

for “222” substitute “221A”.

 

26         

In section 221(3) (dangerous offenders aged under 18) after “as applied”

 

insert “by”.

 

27         

In section 223 (the “required opinion” for the purposes of sections 219 to

 

222) in subsection (1)—

 

(a)    

for “220(1)” substitute “219A(1)”, and

 

(b)    

for “222(1)” substitute “221A(1)”.

 

28         

In the heading of that section for “222” substitute “221A”.

 

29         

For section 224 (place of detention under certain sentences) substitute—

 

“224  

Place of detention under certain sentences

 

Section 235 of the 2003 Act (detention under sections 226, 226B

 

and 228) applies to a person sentenced to be detained under

 

section 226(3), 226B or 228 of that Act as applied by section 221,

 

221A or 222 of this Act.”

 

30  (1)  

Section 228 (appeals where previous convictions set aside) is amended as

 

follows.

 

      (2)  

For subsection (1) substitute—


 
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