Criminal Justice and Courts Bill (HC Bill 192)

• “the appropriate custodial term” means the term determined as
  such by the court under section 236A;

• “the requisite custodial period” means—

  (a)

  in relation to a person serving one sentence, one-half
  40of the appropriate custodial term, and

  (b)

  in relation to a person serving two or more concurrent
  or consecutive sentences, the period determined
  under sections 263(2) and 264(2).”

7 (1) Section 246 (power to release prisoners on licence before required to do so)
is amended as follows.

(2) In subsection (4)(a) (disapplication of power), for “or 228” substitute “, 228
or 236A”.

(3) 5In subsection (6), in the definition of “term of imprisonment” for “or 228”
substitute “, 228 or 236A”.

Part 2 Offenders convicted of service offences

Armed Forces Act 2006 (c. 52)Armed Forces Act 2006 (c. 52)

8 10In the Armed Forces Act 2006, after section 224 insert—

“224A Special custodial sentence for certain offenders of particular concern

(1) This section applies where—

(a) a person is convicted by the Court Martial of an offence under
section 42 (criminal conduct) (whether the offence was
15committed before or after this section comes into force),

(b) the corresponding offence under the law of England and
Wales is an offence listed in Schedule 18A to the 2003 Act,

(c) the person was aged 18 or over when the offence was
committed, and

(d) 20the court does not impose one of the following for the
offence—

(i) a sentence of imprisonment for life, or

(ii) an extended sentence of imprisonment under section
226A of the 2003 Act (as applied by section 219A of
25this Act).

(2) If the court imposes a sentence of imprisonment for the offence,
section 236A(2) to (4) of the 2003 Act apply in relation to the term of
the sentence.

(3) The references in subsections (1)(d) and (2) to a sentence imposed for
30the offence include a sentence imposed for the offence and one or
more offences associated with it.

(4) In Schedule 18A to the 2003 Act, as applied by this section, the
reference in paragraph 24 to section 30 of the Counter-Terrorism Act
2008 is to be read as a reference to section 32 of that Act.”

35Part 3 Transitional and transitory provision

Application of new provisions about special custodial sentences

9 (1) Section 236A of the Criminal Justice Act 2003, inserted by paragraph 2 of this
Schedule, applies in relation to the sentencing of a person for an offence after
40that paragraph comes into force, whether the person was convicted of the
offence before or after it comes into force.

(2) Section 224A of the Armed Forces Act 2006, inserted by paragraph 8 of this
Schedule, applies in relation to the sentencing of a person for an offence after
that paragraph comes into force, whether the person was convicted of the
offence before or after it comes into force.

5Detention in a young offender institution

10 (1) This paragraph applies in relation to any time before the coming into force
of section 61 of the Criminal Justice and Court Services Act 2000 (abolition
of sentences of detention in a young offender institution).

(2) Section 236A of the Criminal Justice Act 2003 applies as if at the end there
10were inserted—

“(8) In the case of a person aged under 21, this section applies as if the
references to imprisonment were to detention in a young offender
institution.”

(3) Section 224A of the Armed Forces Act 2006 applies as if at the end there were
15inserted—

“(5) In the case of a person aged under 21, this section applies as if the
references to imprisonment were to detention in a young offender
institution.”

Part 4 20Consequential provision

Road Traffic Offenders Act 1988 (c. 53)Road Traffic Offenders Act 1988 (c. 53)

11 (1) Section 35A(4) of the Road Traffic Offenders Act 1988 (extension of
disqualification where custodial sentence also imposed) is amended as
follows.

(2) 25In paragraph (e), for “that Act” (in the first place) substitute “the Criminal
Justice Act 2003”.

(3) After paragraph (f) insert—

“(fa) in the case of a sentence under section 236A of that Act
(special custodial sentence for certain offenders of particular
30concern), a period equal to half of the term imposed pursuant
to section 236A(2)(a) of that Act calculated after that term has
been reduced by any relevant discount;”.

Crime (Sentences) Act 1997 (c. 43)Crime (Sentences) Act 1997 (c. 43)

12 (1) Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within
35the British Islands) is amended as follows.

(2) In paragraph 8(2)(a) (restricted transfers from England and Wales to
Scotland), after “244” insert “, 244A”.

(3) In paragraph 9(2)(a) (restricted transfers from England and Wales to
Northern Ireland), after “244” insert “, 244A”.

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

13 (1) Section 147A(4) of the Powers of Criminal Courts (Sentencing) Act 2000
(extension of disqualification where custodial sentence also imposed) is
amended as follows.

(2) 5In paragraph (e), for “that Act” (in the first place) substitute “the Criminal
Justice Act 2003”.

(3) After paragraph (f) insert—

“(fa) in the case of a sentence under section 236A of that Act
(special custodial sentence for certain offenders of particular
10concern), a period equal to half of the term imposed pursuant
to section 236A(2)(a) of that Act calculated after that term has
been reduced by any relevant discount;”.

Criminal Justice Act 2003 (c. 44)Criminal Justice Act 2003 (c. 44)

14 The Criminal Justice Act 2003 is amended as follows.

15 (1) 15Section 237 (meaning of “fixed-term prisoner”) is amended as follows.

(2) In subsection (1)(b), for “ or 228” substitute “, 228 or 236A”.

(3) In subsection (1B)—

(a) omit “and” at the end of paragraph (c), and

(b) at the end insert “, and

(e) 20references to a sentence under section 236A of this Act
include a sentence under that section passed as a
result of section 224A of that Act.”

(4) In subsection (3), for “or 227” substitute “, 227 or 236A”.

16 In section 240ZA(11) (time remanded in custody to count as time served), for
25“or 228” substitute “, 228 or 236A”.

17 (1) Section 250 (licence conditions) is amended as follows.

(2) In subsection (4)—

(a) for “or 227” substitute “, 227 or 236A”, and

(b) for “or 228” substitute “, 228 or 236A”.

(3) 30For subsection (5A) substitute—

“(5A) When a prisoner described in subsection (5B) is released on licence,
either initially or after recall to prison, the Secretary of State must not
include in the licence a condition referred to in subsection (4)(b)(ii)
unless the Board directs the Secretary of State to do so.

(5B) 35Those prisoners are—

(a) a prisoner serving an extended sentence imposed under
section 226A or 226B, other than a sentence that meets the
conditions in section 246A(2) (release without direction of the
Board), and

(b) 40a prisoner serving a sentence imposed under section 236A.”

18 In section 256AA(1) (supervision after end of sentence of prisoners serving

less than 2 years), after paragraph (b) (but before “or”) insert—

“(ba) the sentence was imposed under section 236A,”.

19 In section 258(3A) (early release of fine defaulters and contemnors), for “or
228” substitute “, 228 or 236A”.

20 (1) 5Section 260 (early removal of prisoners liable to removal from United
Kingdom) is amended as follows.

(2) In subsection (2A), after “226B” insert “or a sentence under section 236A”.

(3) In subsection (2B), after “section” insert “244A or”.

(4) In subsection (5), after “244” insert “, 244A”.

21 10In section 261(5)(b) (re-entry into United Kingdom of offender removed
from prison early), after “244” insert “, 244A”.

22 In section 263(4) (concurrent terms), for “or 228” substitute “, 228 or 236A”.

23 (1) Section 264 (consecutive terms) is amended as follows.

(2) For subsection (6) substitute—

“(6) 15In this section “custodial period” means—

(a) in relation to an extended sentence imposed under section
226A or 226B, two-thirds of the appropriate custodial term
determined by the court under that section,

(b) in relation to an extended sentence imposed under section
20227 or 228, one-half of the appropriate custodial term
determined by the court under that section,

(c) in relation to a sentence imposed under section 236A, one-
half of the appropriate custodial term determined by the
court under that section, and

(d) 25in relation to any other sentence, one-half of the sentence.”

(3) In subsection (7), for “or 228” substitute “, 228 or 236A”.

24 In section 265(2) (restriction on consecutive sentences for released
prisoners), for “or 228” substitute “, 228 or 236A”.

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

25 (1) 30Section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act
2012 (power to change test for release on licence of certain prisoners) is
amended as follows.

(2) In subsection (2), after paragraph (b) (but before “or”) insert—

“(ba) a section 236A prisoner,”.

(3) 35In subsection (3), before paragraph (b) insert—

“(ab) amend section 244A of the Criminal Justice Act 2003 (release
on licence of section 236A prisoners),”.

(4) In subsection (6), at the end insert—

• ““section 236A prisoner” means a prisoner who is serving a
  40sentence under section 236A of the Criminal Justice Act 2003
  (including one imposed as a result of section 224A of the
  Armed Forces Act 2006).”