Previous Next

Contents page 1-9 10-19 20-29 30-39 40-49 50-66 67-69 70-79 80-89 90-99 100-109 110-110 Last page

Criminal Justice and Courts BillPage 10

(2) In section 32 of the Crime (Sentences) Act 1997 (recall of life prisoners while on
licence), after subsection (5) insert—

(5A) The Board must not give a direction unless satisfied that it is no longer
necessary for the protection of the public that the life prisoner should
5remain in prison.

(3) In section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act
2012 (power to change test for release on licence of certain prisoners), in
subsection (3), after paragraph (a) insert—

(aa) amend section 32 of the Crime (Sentences) Act 1997 (recall of
10IPP prisoners and others while on licence and further release),.

(4) The amendment made by subsection (1) applies to a person sentenced before
the day on which it comes into force as well as to a person sentenced on or after
that day.

(5) The amendment made by subsection (2) applies in relation to a person recalled
15before the day on which it comes into force as well as in relation to a person
recalled on or after that day.

10 Offence of remaining unlawfully at large after recall

(1) After section 32 of the Crime (Sentences) Act 1997 (recall of life prisoners)
insert—

32ZA 20 Offence of remaining unlawfully at large after recall

(1) A person recalled to prison under section 32 commits an offence if the
person—

(a) has been notified of the recall orally or in writing, and

(b) while unlawfully at large fails, without reasonable excuse, to
25take all necessary steps to return to prison as soon as possible.

(2) A person is to be treated for the purposes of subsection (1)(a) as having
been notified of the recall if—

(a) written notice of the recall has been delivered to an appropriate
address, and

(b) 30a period specified in the notice has elapsed.

(3) In subsection (2) “an appropriate address” means—

(a) an address at which, under the person’s licence, the person is
permitted to reside or stay, or

(b) an address nominated, in accordance with the person’s licence,
35for the purposes of this section.

(4) A person is also to be treated for the purposes of subsection (1)(a) as
having been notified of the recall if—

(a) the person’s licence requires the person to keep in touch in
accordance with any instructions given by an officer of a
40provider of probation services,

(b) the person has failed to comply with such an instruction, and

(c) the person has not complied with such an instruction for at least
6 months.

(5) A person who is guilty of an offence under this section is liable—

Criminal Justice and Courts BillPage 11

(a) on conviction on indictment to imprisonment for a term not
exceeding 2 years or a fine (or both);

(b) on summary conviction to imprisonment for a term not
exceeding 12 months or a fine (or both).

(6) 5In relation to an offence committed before section 154(1) of the Criminal
Justice Act 2003 comes into force, the reference in subsection (5)(b) to 12
months is to be read as a reference to 6 months.

(7) In relation to an offence committed before section 85 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 comes into force, the
10reference in subsection (5)(b) to a fine is to be read as a reference to a
fine not exceeding the statutory maximum.

(2) After section 255 of the Criminal Justice Act 2003 (recall of prisoners) insert—

255ZA Offence of remaining unlawfully at large after recall

(1) A person recalled to prison under section 254 or 255 commits an offence
15if the person—

(a) has been notified of the recall orally or in writing, and

(b) while unlawfully at large fails, without reasonable excuse, to
take all necessary steps to return to prison as soon as possible.

(2) A person is to be treated for the purposes of subsection (1)(a) as having
20been notified of the recall if—

(a) written notice of the recall has been delivered to an appropriate
address, and

(b) a period specified in the notice has elapsed.

(3) In subsection (2) “an appropriate address” means—

(a) 25an address at which, under the person’s licence, the person is
permitted to reside or stay, or

(b) an address nominated, in accordance with the person’s licence,
for the purposes of this section.

(4) A person is also to be treated for the purposes of subsection (1)(a) as
30having been notified of the recall if—

(a) the person’s licence requires the person to keep in touch in
accordance with any instructions given by an officer of a
provider of probation services,

(b) the person has failed to comply with such an instruction, and

(c) 35the person has not complied with such an instruction for at least
6 months.

(5) A person who is guilty of an offence under this section is liable—

(a) on conviction on indictment to imprisonment for a term not
exceeding 2 years or a fine (or both);

(b) 40on summary conviction to imprisonment for a term not
exceeding 12 months or a fine (or both).

(6) In relation to an offence committed before section 154(1) comes into
force, the reference in subsection (5)(b) to 12 months is to be read as a
reference to 6 months.

(7) 45In relation to an offence committed before section 85 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 comes into force, the

Criminal Justice and Courts BillPage 12

reference in subsection (5)(b) to a fine is to be read as a reference to a
fine not exceeding the statutory maximum.

(3) Section 32ZA of the Crime (Sentences) Act 1997 and section 255ZA of the
Criminal Justice Act 2003 apply in relation to a person recalled to prison before
5or after this section comes into force.

11 Offence of remaining unlawfully at large after temporary release

(1) Section 1 of the Prisoners (Return to Custody) Act 1995 (remaining at large
after temporary release) is amended as follows.

(2) For subsection (3) substitute—

(3) 10A person guilty of an offence under this section is liable—

(a) on conviction on indictment to imprisonment for a term not
exceeding 2 years or a fine (or both), and

(b) on summary conviction to imprisonment for a term not
exceeding 12 months or a fine (or both).

(3) 15At the end insert—

(7) In relation to an offence committed before section 154(1) of the Criminal
Justice Act 2003 comes into force, the reference in subsection (3)(b) to 12
months is to be read as a reference to 6 months.

(8) In relation to an offence committed before section 85 of the Legal Aid,
20Sentencing and Punishment of Offenders Act 2012 comes into force, the
reference in subsection (3)(b) to a fine is to be read as a reference to a
fine not exceeding the statutory maximum.

(4) The amendment made by subsection (2) does not apply where the period of
temporary release expired, or the order of recall was made, before this section
25comes into force.

12 Definition of “requisite custodial period”

(1) Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release etc of fixed-term
prisoners) is amended as follows.

(2) In section 268 (interpretation of Chapter), after subsection (1) insert—

(1A) 30In this Chapter, “the requisite custodial period” means—

(a) in relation to a person serving an extended sentence imposed
under section 226A or 226B, the requisite custodial period for
the purposes of section 246A;

(b) in relation to a person serving an extended sentence imposed
35under section 227 or 228, the requisite custodial period for the
purposes of section 247;

(c) in relation to a person serving a sentence imposed under section
236A, the requisite custodial period for the purposes of section
244A;

(d) 40in relation to any other fixed-term prisoner, the requisite
custodial period for the purposes of section 243A or section 244
(as appropriate).

Criminal Justice and Courts BillPage 13

(3) In section 247 (release on licence of prisoner serving extended sentence under
section 227 or 228)—

(a) in subsection (2)(a), for “one-half of the appropriate custodial term”
substitute “the requisite custodial period”, and

(b) 5for subsection (7) substitute—

(7) In this section—

(4) In section 260 (early removal of prisoners liable to removal from United
Kingdom), omit subsection (7).

(5) In section 261 (re-entry into United Kingdom of offender removed from prison
early)—

(a) 20in subsection (5), omit paragraph (a),

(b) in subsection (5)(b)—

(i) omit “in any other case,” and

(ii) for “or 246A” substitute “, 246A or 247”, and

(c) in subsection (6), omit the definition of “requisite custodial period”.

(6) 25In Schedule 20A (application of Chapter 6 of Part 12 to pre-4 April 2005
cases)—

(a) omit paragraph 8(2) (modification of section 260), and

(b) after paragraph 8 insert—

8A Section 268(1A) (definition of “the requisite custodial
30period”) has effect as if it provided that, in relation to a
person serving an extended sentence under section 85 of the
Sentencing Act, the requisite custodial period means one-half
of the custodial term determined under that section (subject
to sections 263 and 264).

(7) 35The amendments made by this section apply in relation to a person sentenced
before the day on which they come into force as well as in relation to a person
sentenced on or after that day.

13 Minor amendments and transitional cases

(1) In section 82A(3) of the Powers of Criminal Courts (Sentencing) Act 2000
40(determination of tariffs for life sentences), for paragraph (b) substitute—

(b) the effect that the following would have if the court had
sentenced the offender to a term of imprisonment—

(i) section 240ZA of the Criminal Justice Act 2003 (crediting
periods of remand in custody);

(ii) 45section 246 of the Armed Forces Act 2006 (equivalent
provision for service courts);

Criminal Justice and Courts BillPage 14

(iii) any direction which the court would have given under
section 240A of the Criminal Justice Act 2003 (crediting
periods of remand on bail subject to certain types of
condition);.

(2) 5In section 97 of the Powers of Criminal Courts (Sentencing) Act 2000 (term of
detention in a young offender institution)—

(a) in subsection (2), omit “Subject to subsection (3) below,” and

(b) omit subsection (3) (power to pass sentence of less than 21 days for
offence under section 65(6) of the Criminal Justice Act 1991).

(3) 10In section 106(4) of the Powers of Criminal Courts (Sentencing) Act 2000
(persons subject concurrently to detention and training order and sentence of
detention in young offender institution), for “Part II of the Criminal Justice Act
1991 (early release)” substitute “Chapter 6 of Part 12 of the Criminal Justice Act
2003 (release, licences, supervision and recall)”.

(4) 15In section 246(4) of the Criminal Justice Act 2003 (cases in which power to
release before required to do so is not available), after paragraph (g) insert—

(ga) the prisoner has at any time been released on licence under
section 34A of the Criminal Justice Act 1991 and has been
recalled to prison under section 38A(1)(a) of that Act (and the
20revocation of the licence has not been cancelled under section
38A(3) of that Act);.

(5) In Schedule 20A to the Criminal Justice Act 2003 (application of Chapter 6 of
Part 12 to pre-4 April 2005 cases), in paragraph 4 (modification of section 246:
power to release before required to do so)—

(a) 25number the existing text as sub-paragraph (1),

(b) in that sub-paragraph, for “Section 246 applies as if, in subsection (4)”
substitute “Section 246(4) applies as if—”,

(c) in that sub-paragraph, omit paragraph (c), and

(d) after that sub-paragraph insert—

(2) 30Section 246(6) applies as if, in the definition of “term of
imprisonment”, the reference to section 227 or 228 included a
reference to section 85 of the Sentencing Act.

(6) In Schedule 20B to the Criminal Justice Act 2003 (modifications of Chapter 6 of
Part 12 in certain transitional cases), omit paragraph 3(2)(a) (application of Part
352 of the Schedule to an extended sentence under section 85 of the Powers of
Criminal Courts (Sentencing) Act 2000).

(7) In paragraph 34 of that Schedule (licence conditions in certain transitional
cases)—

(a) in sub-paragraph (1), at the end insert “and which was granted to a
40person serving—

(a) a 1967 Act sentence,

(b) a 1991 Act sentence, or

(c) a 2003 Act sentence which is an extended sentence
imposed under section 227 or 228 before 14 July
452008., and

(b) in sub-paragraph (6)(a), after “condition” insert “referred to in section
250(4)(b)(ii)”.

Criminal Justice and Courts BillPage 15

(8) The amendments made by subsections (1), (3) and (4) apply in relation to a
person sentenced before the day on which they come into force as well as in
relation to a person sentenced on or after that day.

Prisons

14 5Drugs for which prisoners etc may be tested

(1) The Prison Act 1952 is amended as follows.

(2) In section 16A (testing prisoners for drugs), in subsection (3)—

(a) at the end of the definition of “drug” insert “or specified drug”,

(b) omit the “and” that follows the definition of “prison officer”, and

(c) 10at the appropriate place insert—

(3) In section 47 (rules for the management of prisons etc), after subsection (3)
insert—

(3A) 15Rules made under this section may specify any substance or product
(which is not a controlled drug for the purposes of the Misuse of Drugs
Act 1971) in relation to which a person may be required to provide a
sample for the purposes of section 16A of this Act.

Cautions

15 20Restrictions on use of cautions

(1) This section applies where, in England and Wales, a person aged 18 or over
admits that he or she has committed an offence.

(2) If the offence is an indictable-only offence, a constable may not give the person
a caution except—

(a) 25in exceptional circumstances relating to the person or the offence, and

(b) with the consent of the Director of Public Prosecutions.

(3) If the offence is an either-way offence specified by order made by the Secretary
of State, a constable may not give the person a caution except in exceptional
circumstances relating to the person or the offence.

(4) 30If—

(a) the offence is a summary offence or an either-way offence not specified
under subsection (3), and

(b) in the two years before the commission of the offence the person has
been convicted of, or cautioned for, a similar offence,

35a constable may not give the person a caution except in exceptional
circumstances relating to the person, the offence admitted or the previous
offence.

(5) It is for a police officer not below a rank specified by order made by the
Secretary of State to determine—

(a) 40whether there are exceptional circumstances for the purposes of
subsection (2), (3) or (4), and

Criminal Justice and Courts BillPage 16

(b) whether a previous offence is similar to the offence admitted for the
purposes of subsection (4)(b).

(6) A determination under subsection (5) must be made in accordance with
guidance issued by the Secretary of State.

(7) 5The Secretary of State may by order amend this section so as to provide for a
different period for the purposes of subsection (4)(b).

(8) For the purposes of this section—

(a) “caution” does not include a conditional caution under Part 3 of the
Criminal Justice Act 2003, but

(b) 10a person has been “cautioned for” an offence if he or she has been given
a caution, a conditional caution or a youth caution or youth conditional
caution under Chapter 1 of Part 4 of the Crime and Disorder Act 1998.

(9) In this section—

(10) This section applies whether the offence admitted was committed before or
after the time when this section comes into force.

16 Section 15: supplementary

(1) 20An order under section 15 may make different provision for different
purposes.

(2) An order under section 15 must be made by statutory instrument.

(3) A statutory instrument containing an order under section 15(3) (specification
of either-way offences) is subject to annulment in pursuance of a resolution of
25either House of Parliament.

(4) An order under section 15(7) (change to period in section 15(4)(b)) may not be
made unless a draft of the instrument containing the order has been laid before,
and approved by a resolution of, each House of Parliament.

(5) In section 37B of the Police and Criminal Evidence Act 1984 (consultation with
30the Director of Public Prosecutions), in subsection (7), after “such a caution”
insert “(whether because of section 15 of the Criminal Justice and Courts Act
2014 or for any other reason)”.

Offences and sentences

17 Term of imprisonment for murder of police or prison officer

(1) 35Schedule 21 to the Criminal Justice Act 2003 (determination of minimum term
in relation to mandatory life sentence) is amended as follows.

(2) In paragraph 4(2) (cases for which a whole life order is the appropriate starting
point), after paragraph (b) insert—

(ba) the murder of a police officer or prison officer in the course of
40his or her duty,.

Criminal Justice and Courts BillPage 17

(3) In paragraph 5(2) (cases for which 30 years is the appropriate starting point),
omit paragraph (a).

(4) The amendments made by this section apply only in relation to an offence
committed on or after the day on which they come into force.

18 5Offences committed by disqualified drivers

(1) After section 3ZB of the Road Traffic Act 1988 insert—

3ZC Causing death by driving: disqualified drivers

A person is guilty of an offence under this section if he or she—

(a) causes the death of another person by driving a motor vehicle
10on a road, and

(b) at that time, is committing an offence under section 103(1)(b) of
this Act (driving while disqualified).

3ZD Causing serious injury by driving: disqualified drivers

(1) A person is guilty of an offence under this section if he or she—

(a) 15causes serious injury to another person by driving a motor
vehicle on a road, and

(b) at that time, is committing an offence under section 103(1)(b) of
this Act (driving while disqualified).

(2) In this section “serious injury” means—

(a) 20in England and Wales, physical harm which amounts to
grievous bodily harm for the purposes of the Offences against
the Person Act 1861, and

(b) in Scotland, severe physical injury.

(2) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and
25punishment of offences under the Traffic Acts) at the appropriate place
insert—

RTA
section
3ZC
Causing
death by
driving:
disqualified
drivers
On
indictment
10 years or
a fine or
both
Obligatory Obligatory 3-11


30

Criminal Justice and Courts BillPage 18

RTA
section
3ZD
Causing
serious
injury by
driving:
disqualified
drivers
(a) Summarily (a) On
conviction
in
England
and
Wales: 12
months or
a fine or
both. On
conviction
in
Scotland:
12 months
or the
statutory
maximum
or both.
Obligatory Obligatory 3-11”.



5




10




15

(b) On
indictment
(b) 4 years
or a fine or
both

(3) In the entries in Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988
relating to an offence under section 3ZD of the Road Traffic Act 1988—

(a) 20in relation to an offence committed before section 154(1) of the Criminal
Justice Act 2003 comes into force, the reference in column 4 to 12
months on summary conviction in England and Wales is to be read as
a reference to 6 months, and

(b) in relation to an offence committed before section 85 of the Legal Aid,
25Sentencing and Punishment of Offenders Act 2012 comes into force, the
reference in column 4 to a fine on summary conviction in England and
Wales is to be read as a reference to the statutory maximum.

(4) Schedule 3 contains further amendments relating to the offences under
sections 3ZC and 3ZD of the Road Traffic Act 1988.

(5) 30The amendments made by this section and Schedule 3 have effect only in
relation to driving which occurs after they come into force.

19 Sending letters etc with intent to cause distress or anxiety

(1) In section 1 of the Malicious Communications Act 1988 (offence of sending
letters etc with intent to cause distress or anxiety), for subsection (4)
35substitute—

(4) A person guilty of an offence under this section is liable—

(a) on conviction on indictment to imprisonment for a term not
exceeding two years or a fine (or both);

(b) on summary conviction to imprisonment for a term not
40exceeding 12 months or a fine (or both).

(5) In relation to an offence committed before section 154(1) of the Criminal
Justice Act 2003 comes into force, the reference in subsection (4)(b) to 12
months is to be read as reference to six months.

Criminal Justice and Courts BillPage 19

(6) In relation to an offence committed before section 85 of the Legal Aid
Sentencing and Punishment of Offenders Act 2012 comes into force, the
reference in subsection (4)(b) to a fine is to be read as a reference to a
fine not exceeding the statutory maximum.

(2) 5The amendment made by this section applies only in relation to an offence
committed on or after the day on which it comes into force.

20 Possession of pornographic images of rape and assault by penetration

(1) Part 5 of the Criminal Justice and Immigration Act 2008 is amended as follows.

(2) In section 63 (possession of extreme pornographic images)—

(a) 10after subsection (5) insert—

(5A) In relation to possession of an image in England and Wales, an
“extreme image” is an image which—

(a) falls within subsection (7) or (7A), and

(b) is grossly offensive, disgusting or otherwise of an
15obscene character.,

(b) in subsection (6), for “An” substitute “In relation to possession of an
image in Northern Ireland, an”, and

(c) after subsection (7) insert—

(7A) An image falls within this subsection if it portrays, in an explicit
20and realistic way, either of the following—

(a) an act which involves the non-consensual penetration of
a person’s vagina, anus or mouth by another with the
other person’s penis, or

(b) an act which involves the non-consensual sexual
25penetration of a person’s vagina or anus by another with
a part of the other person’s body or anything else,

and a reasonable person looking at the image would think that
the persons were real.

(7B) For the purposes of subsection (7A)—

(a) 30penetration is a continuing act from entry to
withdrawal;

(b) “vagina” includes vulva.

(3) In section 66 (defence: participation in consensual acts)—

(a) before subsection (1) insert—

(A1) 35Subsection (A2) applies where in England and Wales—

(a) a person (“D”) is charged with an offence under section
63, and

(b) the offence relates to an image that portrays an act or
acts within subsection (7)(a) to (c) or (7A) of that section
40(but does not portray an act within subsection (7)(d) of
that section).

(A2) It is a defence for D to prove—

(a) that D directly participated in the act or any of the acts
portrayed, and

Previous Next

Contents page 1-9 10-19 20-29 30-39 40-49 50-66 67-69 70-79 80-89 90-99 100-109 110-110 Last page