A
BILL
TO
Make provision about how offenders are dealt with before and after
conviction; to amend the offence of possession of extreme pornographic
images; to make provision about the proceedings and powers of courts and
tribunals; to make provision about judicial review; and for connected
purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
(1)
5In section 4 of the Explosive Substances Act 1883 (making or possession of
explosive under suspicious circumstances)—
(a)
in subsection (1), for the words from “guilty” to the end substitute
“guilty of an offence”, and
(b) after that subsection insert—
“(1A)
10A person who is guilty of an offence under subsection (1) is
liable, on conviction on indictment, to imprisonment for life.
(1B)
Where a person is convicted of an offence under subsection (1)
the explosive substance is to be forfeited.”
(2)
In section 54(6)(a) of the Terrorism Act 2000 (penalty on conviction on
15indictment of offence involving weapons training for terrorism), for
“imprisonment for a term not exceeding ten years” substitute “imprisonment
for life”.
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(3)
In section 6(5)(a) of the Terrorism Act 2006 (penalty on conviction on
indictment of offence involving training for terrorism), for “imprisonment for
a term not exceeding 10 years” substitute “imprisonment for life”.
(4)
The amendments made by this section apply only in relation to an offence
5committed on or after the day on which they come into force.
(5)
Where an offence is found to have been committed over a period of 2 or more
days, or at some time during a period of 2 or more days, it must be taken for
the purposes of subsection (4) to have been committed on the last of those days.
(1)
10Schedule 15 to the Criminal Justice Act 2003 (specified offences for purposes of
Chapter 5 of Part 12 of that Act) is amended as follows.
(2)
After paragraph 22 (offence under section 3 of the Explosive Substances Act
1883) insert—
“22A
An offence under section 4 of that Act (making or possession of
15explosive under suspicious circumstances).”
(3)
For paragraph 64 (accessories and inchoate offences: violent offences)
substitute—
“64
(1)
Aiding, abetting, counselling or procuring the commission of an
offence specified in the preceding paragraphs of this Part of this
20Schedule.
(2) An attempt to commit such an offence.
(3) Conspiracy to commit such an offence.
(4) Incitement to commit such an offence.
(5)
An offence under Part 2 of the Serious Crime Act 2007 in relation to
25which an offence specified in the preceding paragraphs of this Part
of this Schedule is the offence (or one of the offences) which the
person intended or believed would be committed.”
(4) For paragraph 65 (attempt or conspiracy to commit murder) substitute—
“65 (1) An attempt to commit murder.
(2) 30Conspiracy to commit murder.
(3) Incitement to commit murder.
(4)
An offence under Part 2 of the Serious Crime Act 2007 in relation to
which murder is the offence (or one of the offences) which the person
intended or believed would be committed.”
(5)
35Omit paragraph 92 (offence of keeping a brothel under section 33 of the Sexual
Offences Act 1956).
(6) After that paragraph insert—
“92A
An offence under section 33A of that Act (keeping a brothel used for
prostitution).”
(7) 40For paragraph 153 (accessories and inchoate offences: sexual offences)
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substitute—
“153
(1)
Aiding, abetting, counselling or procuring the commission of an
offence specified in this Part of this Schedule.
(2) An attempt to commit such an offence.
(3) 5Conspiracy to commit such an offence.
(4) Incitement to commit such an offence.
(5)
An offence under Part 2 of the Serious Crime Act 2007 in relation to
which an offence specified in this Part of this Schedule is the offence
(or one of the offences) which the person intended or believed would
10be committed.”
(8)
The amendments made by this section apply in relation to a person sentenced
for an offence on or after the day on which they come into force, whenever the
offence was committed.
(9)
But subsection (8) does not apply for the purposes of the provisions referred to
15in subsection (10).
(10)
For the purposes of sections 225(1)(a) and 226(1)(a) of the Criminal Justice Act
2003 and sections 219(1)(b) and 221(1)(b) of the Armed Forces Act 2006, the
amendments made by subsections (2), (4), (5) and (6) apply only in relation to
a person sentenced for an offence that was committed on or after the day on
20which they come into force.
(11)
Where an offence is found to have been committed over a period of 2 or more
days, or at some time during a period of 2 or more days, it must be taken for
the purposes of subsection (10) to have been committed on the last of those
days.
(1)
Part 1 of Schedule 15B to the Criminal Justice Act 2003 (offences under the law
of England and Wales listed for the purposes of sections 224A(1) and (4), 226A
and 246A of that Act) is amended as follows.
(2)
After paragraph 3 (offence under section 18 of the Offences Against the Person
30Act 1861) insert—
“3A
An offence under section 28 of that Act (causing bodily injury by
explosives).
3B
An offence under section 29 of that Act (using explosives etc with
intent to do grievous bodily harm).
3C
35An offence under section 2 of the Explosive Substances Act 1883
(causing explosion likely to endanger life or property).
3D
An offence under section 3 of that Act (attempt to cause explosion, or
making or keeping explosive with intent to endanger life or
property).
3E
40An offence under section 4 of that Act (making or possession of
explosive under suspicious circumstances).”
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(3) After paragraph 8 insert—
“8A
An offence under section 54 of the Terrorism Act 2000 (weapons
training).”
(4) In paragraph 9, for “the Terrorism Act 2000” substitute “that Act”.
(5) 5After paragraph 40 (offence under section 5 of the Terrorism Act 2006) insert—
“40A An offence under section 6 of that Act (training for terrorism).”
(6)
For the purposes of section 224A of the Criminal Justice Act 2003 and section
218A of the Armed Forces Act 2006, the amendments made by this section
apply only in relation to a person sentenced for an offence that was committed
10on or after the day on which they come into force.
(7)
For the purposes of section 226A of the Criminal Justice Act 2003 and section
219A of the Armed Forces Act 2006, the amendments made by this section
apply in relation to a person sentenced for an offence on or after the day on
which they come into force, whenever the offence was committed.
(8)
15For the purposes of section 246A of the Criminal Justice Act 2003, the
amendments made by this section apply in relation to a person serving an
extended sentence imposed on or after the day on which they come into force,
whenever the offence in question was committed.
(9)
Where an offence is found to have been committed over a period of 2 or more
20days, or at some time during a period of 2 or more days, it must be taken for
the purposes of subsection (6) to have been committed on the last of those days.
(1)
Section 246A of the Criminal Justice Act 2003 (release on licence of prisoners
serving extended sentences under section 226A or 226B) is amended as follows.
(2)
25In subsection (2) (automatic release at the end of requisite custodial period), for
the words from “unless” to the end substitute “if—
(a)
the sentence was imposed before the coming into force of
section 4 of the Criminal Justice and Courts Act 2014,
(b) the appropriate custodial term is less than 10 years, and
(c)
30the sentence was not imposed in respect of an offence listed in
Parts 1 to 3 of Schedule 15B or in respect of offences that include
one or more offences listed in those Parts of that Schedule.”
(3)
In subsection (3) (release following Parole Board direction), for “If either or
both of those conditions are met” substitute “In any other case”.
(1) Part 1 of Schedule 1 contains—
(a)
provision about the sentence to be imposed on certain offenders of
particular concern, and
(b)
40provision for such offenders to be released on licence following a Parole
Board direction.
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(2) That Schedule also contains—
(a)
equivalent provision in respect of offenders convicted of service
offences (see Part 2),
(b) transitional and transitory provision (see Part 3), and
(c) 5consequential provision (see Part 4).
(1)
Part 3 of the Criminal Justice and Court Services Act 2000 (dealing with
offenders) is amended as follows.
(2) 10In section 62 (release on licence etc: conditions as to monitoring)—
(a) for subsection (2) substitute—
“(2) The conditions may include electronic monitoring conditions.
(2A)
An electronic monitoring condition imposed under this section
must include provision for making a person responsible for the
15monitoring.
(2B)
A person may not be made responsible for the monitoring
unless the person is of a description specified in an order made
by the Secretary of State.”, and
(b) after subsection (5) insert—
“(5A)
20In this section “electronic monitoring condition” means a
condition requiring the person to submit to either or both of the
following—
(a)
electronic monitoring of the person’s compliance with
another condition of release, and
(b)
25electronic monitoring of the person’s whereabouts
(other than for the purpose of monitoring compliance
with another condition of release).”
(3) After section 62 insert—
(1)
30The Secretary of State may by order provide that the power under
section 62 to impose an electronic monitoring condition must be
exercised.
(2) An order under this section may—
(a)
require an electronic monitoring condition to be included for so
35long as the person’s release is required to be, or may be, subject
to conditions or for a shorter period;
(b)
make provision generally or in relation to a case described in the
order.
(3) An order under this section may, in particular—
(a)
40make provision in relation to cases in which compliance with a
condition imposed on a person’s release is monitored by a
person specified or described in the order;
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(b)
make provision in relation to persons selected on the basis of
criteria specified in the order or on a sampling basis;
(c)
make provision by reference to whether a person specified in
the order is satisfied of a matter.
(4)
5An order under this section may not make provision about a case in
which the sentence imposed on the person is—
(a) a detention and training order,
(b)
a sentence of detention under section 91 of the Powers of
Criminal Courts (Sentencing) Act 2000 (detention of offenders
10under 18 convicted of certain offences),
(c)
a sentence of detention under section 209 of the Armed Forces
Act 2006 (detention of offenders under 18 convicted of certain
offences), or
(d) an order under section 211 of that Act.
(5)
15In this section, “electronic monitoring condition” has the same meaning
as in section 62.
(1)
The Secretary of State must issue a code of practice relating to the
processing of data gathered in the course of monitoring persons under
20electronic monitoring conditions imposed under section 62.
(2)
A failure to observe a code issued under this section does not of itself
make a person liable to any criminal or civil proceedings.”
(4) Schedule 2 to this Act contains consequential provision.
(5)
The amendments made by this section and Schedule 2 apply in relation to a
25person who is released from prison on or after the day on which they come into
force.
(1)
Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release etc of fixed-term
prisoners) is amended as follows.
(2)
30In section 255A (suitability for automatic release after recall), after
subsection (4) insert—
“(4A) But a person is not suitable for automatic release if—
(a)
it appears to the Secretary of State that the person is highly
likely to breach a condition included in the person’s licence if
35released at the end of the automatic release period, and
(b)
for that reason, the Secretary of State considers that it would not
be appropriate to release the person at the end of that period.”
(3) In section 255B (automatic release)—
(a) in subsection (2), at the end insert “(but see subsections (3) and (3A))”,
(b) 40after subsection (3), insert—
“(3A)
The Secretary of State must not release P under subsection (2)
if—
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(a)
it appears to the Secretary of State that, if released, P is
highly likely to breach a condition included in P’s
licence, and
(b)
for that reason, the Secretary of State considers that it is
5not appropriate to release P under that subsection.”,
(c)
in subsection (4), for “that period” substitute “the period mentioned in
subsection (1)(b)”,
(d) after subsection (4) insert—
“(4A)
On a reference under subsection (4), the Board must determine
10the reference by—
(a)
directing P’s immediate release on licence under this
Chapter,
(b)
directing P’s release on licence under this Chapter as
soon as conditions specified in the direction are met, or
(c) 15giving no direction as to P’s release,
(but see subsections (4B) and (4C)).
(4B)
The Board must not give a direction under subsection (4A)(a) or
(b) unless the Board is satisfied that it is not necessary for the
protection of the public that P should remain in prison until the
20end of the period mentioned in subsection (1)(b).
(4C)
The Board must not give a direction under subsection (4A)(a) or
(b) if—
(a)
it appears to the Board that, if released, P is highly likely
to breach a condition included in P’s licence, and
(b)
25for that reason, the Board considers that it is not
appropriate to give the direction.”, and
(e) for subsection (5) substitute—
“(5)
The Secretary of State must give effect to any direction under
subsection (4A)(a) or (b).”
(4)
30In section 255C (extended sentence prisoners and those not suitable for
automatic release)—
(a) in subsection (2), at the end insert “(but see subsections (3) and (3A))”,
(b) after subsection (3), insert—
“(3A)
The Secretary of State must not release P under subsection (2)
35if—
(a)
it appears to the Secretary of State that, if released, P is
highly likely to breach a condition included in P’s
licence, and
(b)
for that reason, the Secretary of State considers that it is
40not appropriate to release P under that subsection.”,
(c) after subsection (4) insert—
“(4A)
On a reference under subsection (4), the Board must determine
the reference by—
(a)
directing P’s immediate release on licence under this
45Chapter,
(b)
directing P’s release on licence under this Chapter as
soon as conditions specified in the direction are met, or
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(c) giving no direction as to P’s release,
(but see subsections (4B) and (4C)).
(4B)
The Board must not give a direction under subsection (4A)(a) or
(b) unless the Board is satisfied that it is not necessary for the
5protection of the public that P should remain in prison.
(4C)
The Board must not give a direction under subsection (4A)(a) or
(b) if—
(a)
it appears to the Board that, if released, P is highly likely
to breach a condition included in P’s licence, and
(b)
10for that reason, the Board considers that it is not
appropriate to give the direction.”, and
(d) for subsection (5) substitute—
“(5)
The Secretary of State must give effect to any direction under
subsection (4A)(a) or (b).”
(5) 15Omit section 256 (powers of Board where it does not direct immediate release).
(6) In section 256A (further review)—
(a) for subsection (1) substitute—
“(1)
Where a case has been referred to the Board under section
255C(4) or this section and the person has not been released, the
20Secretary of State must refer the person’s case back to the Board
no later than the review date.
(1A)
In the case of a person serving one sentence of imprisonment,
“the review date” is the first anniversary of the determination
by the Board on the reference mentioned in subsection (1).
(1B)
25In the case of a person serving more than one sentence of
imprisonment, “the review date” is—
(a)
the first anniversary of the determination by the Board
on the reference mentioned in subsection (1), or
(b) if later, the day on which the person has served—
(i) 30the requisite custodial period, and
(ii)
if the sentences include a life sentence, the
minimum term.”,
(b) in subsection (2), for “that anniversary” substitute “the review date”,
(c) in subsection (4), for paragraph (b) substitute—
“(b)
35directing the person’s release on licence under this
Chapter as soon as conditions specified in the direction
are met,”,
(d) at the end of subsection (4) insert—
“(but see subsections (4A) and (4B)).”,
(e) 40after subsection (4) insert—
“(4A)
The Board must not give a direction under subsection (4)(a) or
(b) unless the Board is satisfied that it is not necessary for the
protection of the public that the person should remain in prison.
(4B)
The Board must not give a direction under subsection (4)(a) or
45(b) if—
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(a)
it appears to the Board that, if released, the person is
highly likely to breach a condition included in the
person’s licence, and
(b)
for that reason, the Board considers that it is not
5appropriate to give the direction.”, and
(f) for subsection (5) substitute—
“(5)
The Secretary of State must give effect to any direction under
subsection (4)(a) or (b).
(6) In subsection (1B)(b)—
10“life sentence” means a sentence mentioned in section 34(2)
of the Crime (Sentences) Act 1997, and
“the minimum term” means the part of the sentence
specified in the minimum term order (as defined by
section 28 of that Act).”
(7)
15In Schedule 20A (application of Chapter 6 of Part 12 to pre 4 April 2005 cases),
omit paragraph 6(5) (certain determinations to be treated as determinations
under section 256(1) of the Criminal Justice Act 2003).
(8)
The amendments made by this section apply to a person recalled before the
day on which they come into force as well as to a person recalled on or after
20that day.
(1)
In Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release etc of fixed-term
prisoners), after section 256A insert—
(1) 25The Secretary of State may by order change—
(a)
the test to be applied by the Secretary of State in deciding under
section 255A whether a person is suitable for automatic release;
(b)
the tests to be applied by the Secretary of State in deciding
whether to release a person under section 255B(2) or 255C(2);
(c)
30the tests to be applied by the Board in deciding how to
determine a reference under section 255B(4), 255C(4) or 256A(1)
or (2).
(2) An order under subsection (1) may, in particular—
(a)
apply to people recalled before the day on which it comes into
35force as well as to people recalled on or after that day;
(b) amend this Chapter.”
(2)
In section 330(5)(a) of that Act (orders subject to affirmative procedure) at the
appropriate place insert—
“section 256AZA,”.
(1)
In section 28(7)(c) of the Crime (Sentences) Act 1997 (duty to release certain life
prisoners), for “one-half of that sentence” substitute “the requisite custodial
period (as defined in section 268 of the Criminal Justice Act 2003)”.