Criminal Justice and Courts Bill (HC Bill 4)

Criminal Justice and Courts BillPage 70

(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”.

Criminal Justice and Courts BillPage 71

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

Criminal Justice and Courts BillPage 72

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).

Criminal Justice and Courts BillPage 73

Section 6

SCHEDULE 2 Electronic monitoring and licences etc: consequential provision

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

1 In section 31 of the Crime (Sentences) Act 1997 (duration and conditions of
5licences), for subsection (3) substitute—

(3) The Secretary of State must not include a condition in a life prisoner’s
licence on release, insert a condition in such a licence or vary or
cancel a condition of such a licence except—

(a) in accordance with recommendations of the Parole Board, or

(b) 10where required to do so by an order under section 62A of the
Criminal Justice and Court Services Act 2000 (compulsory
electronic monitoring conditions).

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

2 (1) Section 62 of the Criminal Justice and Court Services Act 2000 (release on
15licence etc: conditions as to monitoring) is amended as follows.

(2) Omit subsection (3).

(3) In the heading of that section, for “conditions as to monitoring” substitute
“electronic monitoring conditions”.

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

3 20The Criminal Justice Act 2003 is amended as follows.

4 (1) Section 250(4) (licence conditions) is amended as follows.

(2) After paragraph (a) (but before “and”) insert—

(aa) must include any electronic monitoring conditions required
by an order under section 62A of the Criminal Justice and
25Court Services Act 2000,.

(3) In paragraph (b)(i), after “any” insert “other”.

5 (1) Section 253 (curfew condition for licence under section 246, 255B or 255C) is
amended as follows.

(2) In subsection (1), for “requirements for securing the” substitute “a
30requirement, imposed under section 62 of the Criminal Justice and Court
Services Act 2000, to submit to”.

(3) Omit subsection (5).

6 In section 256B(7) (supervision after release of certain young offenders
serving less than 12 months: requirements that may be imposed), in
35paragraphs (a) and (b), for “for securing the” substitute “to submit to”.

Criminal Justice and Courts BillPage 74

Section 18

SCHEDULE 3 Offences committed by disqualified drivers: further amendments

Road Traffic Act 1988 (c. 52)Road Traffic Act 1988 (c. 52)

1 (1) Section 3ZB of the Road Traffic Act 1988 (causing death by driving:
5unlicensed, disqualified or uninsured drivers) is amended as follows.

(2) Omit paragraph (b) (but not the “or” at the end).

(3) In the heading, omit “, disqualified”.

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

2 The Road Traffic Offenders Act 1988 is amended as follows.

3 (1) 10Section 24 (alternative verdicts: general) is amended as follows.

(2) In subsection (A2)—

(a) after paragraph (b) insert—

(ba) an offence under section 3ZC of that Act (causing death by
driving: disqualified drivers),

(bb) 15an offence under section 3ZD of that Act (causing serious
injury by driving: disqualified drivers),.

(3) In the table in subsection (1), at the appropriate place insert—

Section 3ZC (causing death by
driving: disqualified drivers)
Section 103(1)(b) (driving while
disqualified)
Section 3ZD (causing serious
injury by driving: disqualified
drivers)
20Section 103(1)(b) (driving while
disqualified).

4 In section 34(4)(a) (disqualification for certain offences), after sub-paragraph
(iia) insert—

(iib) 25an offence under section 3ZC of that Act (causing
death by driving: disqualified drivers), or

(iic) an offence under section 3ZD of that Act (causing
serious injury by driving: disqualified drivers), or.

5 (1) Section 36(2) (disqualification until test is passed) is amended as follows.

(2) 30At the end of paragraph (a) omit “or”.

(3) For paragraph (b) substitute—

(b) an offence under section 1 of the Road Traffic Act 1988
(causing death by dangerous driving),

(c) an offence under section 1A of that Act (causing serious
35injury by dangerous driving),

(d) an offence under section 2 of that Act (dangerous driving),

(e) an offence under section 3ZC of that Act (causing death by
driving: disqualified drivers), or

Criminal Justice and Courts BillPage 75

(f) an offence under section 3ZD of that Act (causing serious
injury by driving: disqualified drivers).

6 In section 45 (effect of endorsement of counterparts), for subsection (6)
substitute—

(6) 5Where the offence was under one of the following sections of the
Road Traffic Act 1988, the endorsement remains effective until four
years have elapsed since the conviction—

(a) section 1 (causing death by dangerous driving),

(b) section 1A (causing serious injury by dangerous driving),

(c) 10section 2 (dangerous driving),

(d) section 3ZC (causing death by driving: disqualified drivers),
or

(e) section 3ZD (causing serious injury by driving: disqualified
drivers).

7 15In section 45A (effect of endorsement of driving records), for subsection (4),
as substituted by paragraph 42 of Schedule 3 to the Road Safety Act 2006
(endorsement: all drivers), substitute—

(4) Where the offence was under one of the following sections of the
Road Traffic Act 1988, the endorsement remains effective until four
20years have elapsed since the conviction—

(a) section 1 (causing death by dangerous driving),

(b) section 1A (causing serious injury by dangerous driving),

(c) section 2 (dangerous driving),

(d) section 3ZC (causing death by driving: disqualified drivers),
25or

(e) section 3ZD (causing serious injury by driving: disqualified
drivers).

8 (1) The table in Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply)
is amended as follows.

(2) 30In the entry relating to section 3ZB of the Road Traffic Act 1988, in the second
column omit “, disqualified”.

(3) After that entry insert—

RTA section 3ZC Causing death by driving:
disqualified drivers
Section 11 of this
Act.
RTA section 3ZD Causing serious injury by
driving: disqualified drivers
35Sections 11 and
12(1) of this Act.

9 In the table in Part 1 of Schedule 2 (prosecution and punishment of offences
under the Traffic Acts), in the entry relating to section 3ZB of the Road
Traffic Act 1988, in column 2 omit “, disqualified”.

Criminal Justice and Courts BillPage 76

Crime (International Co-operation) Act 2003 (c. 32)Crime (International Co-operation) Act 2003 (c. 32)

10 (1) Paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act
2003 (application of duty to give notice to foreign authorities of driving
disqualification of a non-UK resident) is amended as follows.

(2) 5In sub-paragraph (ca) omit “, disqualified”.

(3) After that sub-paragraph insert—

(cb) section 3ZC (causing death by driving: disqualified drivers),

(cc) section 3ZD (causing serious injury by driving: disqualified
drivers),.

10Criminal Justice Act 2003 (c. 44)Criminal Justice Act 2003 (c. 44)

11 In Part 1 of Schedule 15 to the Criminal Justice Act 2003 (specified violent
offences for the purposes of sentencing dangerous offenders), after
paragraph 48 (offence under section 1 of the Road Traffic Act 1988) insert—

48A An offence under section 3ZC of that Act (causing death by
15driving: disqualified drivers).

Coroners and Justice Act 2009 (c. 25)Coroners and Justice Act 2009 (c. 25)

12 (1) In paragraph 1(6) of Schedule 1 to the Coroners and Justice Act 2009
(suspension of investigations where certain criminal charges may be
brought), in the definition of “homicide offence”, paragraph (b) is amended
20as follows.

(2) In sub-paragraph (iii) omit “, disqualified”.

(3) After that sub-paragraph insert—

(iiia) section 3ZC (causing death by driving: disqualified
drivers);.

Section 21

25SCHEDULE 4 Secure colleges etc: further amendments

Prison Act 1952 (c. 52)Prison Act 1952 (c. 52)

1 The Prison Act 1952 is amended as follows.

2 In section 37(4) (closing of prisons etc), for “or secure training centre”
30substitute “, secure training centre or secure college”.

3 (1) Section 47 (rules for the management of prisons etc) is amended as follows.

(2) In subsection (1), for “or secure training centres respectively” substitute “,
secure training centres or secure colleges”.

(3) In subsection (1A)(a), after “secure training centres” insert “, secure
35colleges”.

(4) In subsection (4A)—

Criminal Justice and Courts BillPage 77

(a) for “the inspection of secure training centres and” substitute

(a) the inspection of secure training centres and secure
colleges, and

(b),

(b) 5for “visit secure training centres” substitute “visit them”, and

(c) for “detained in secure training centres” substitute “detained there”.

(5) In subsection (5), for “or secure training centre” substitute “, secure training
centre or secure college”.

(6) For the heading of that section substitute “Rules for the management of
10prisons and places for the detention of young offenders”.

4 In section 49(5) (persons unlawfully at large: definition of “youth detention
accommodation”), after paragraph (b) (but before “or”) insert—

(ba) a secure college;.

Criminal Justice Act 1961 (c. 39)1961 (c. 39)

5 15The Criminal Justice Act 1961 is amended as follows.

6 In section 23(4) (prison rules), after “a young offender institution” insert “, a
secure college,”.

7 In section 38(3)(a) (construction of references to sentence of imprisonment
etc)—

(a) 20for “young offenders” substitute “young offender”, and

(b) after “secure training centre” insert “or secure college”.

Criminal Justice Act 1982 (c. 48)Criminal Justice Act 1982 (c. 48)

8 (1) Section 32 of the Criminal Justice Act 1982 (early release of prisoners) is
amended as follows.

(2) 25In subsection (1)(a)—

(a) omit “under section 225 of the Criminal Justice Act 2003”, and

(b) omit “under section 226A or 227 of that Act”.

(3) For subsection (1A) substitute—

(1A) In this section—

(a) 30references to a sentence of imprisonment include a sentence
of detention (other than a sentence of service detention
within the meaning of the Armed Forces Act 2006), including
a detention and training order and an order under section 211
of the Armed Forces Act 2006;

(b) 35references to a sentence of imprisonment for life include
custody for life and detention at Her Majesty’s pleasure;

(c) references to a sentence of imprisonment for public
protection are to a sentence under section 225 or 226 of the
Criminal Justice Act 2003, including a sentence passed as a
40result of section 219 or 221 of the Armed Forces Act 2006;

(d) references to an extended sentence are to a sentence under
section 226A, 226B, 227 or 228 of the Criminal Justice Act
2003, including a sentence passed as a result of section 219A,
220, 221A or 222 of the Armed Forces Act 2006;

Criminal Justice and Courts BillPage 78

(e) references to prison include youth detention accommodation
(within the meaning of section 107(1) of the Powers of
Criminal Courts (Sentencing) Act 2000).

(4) In subsection (6), omit “not within subsection (5) above”.

(5) 5After subsection (6) insert—

(6A) Subsection (6) does not apply—

(a) where the person is within subsection (5), or

(b) where the sentence is a detention and training order or a
sentence under section 211 of the Armed Forces Act 2006.

(6) 10Omit subsections (7) and (7A).

Police and Criminal Evidence Act 1984 (c. 60)1984 (c. 60)

9 In section 17(1)(cb)(i) of the Police and Criminal Evidence Act 1984 (entry for
purpose of arrest etc), for the words from “remand centre” to “secure
training centre” substitute “young offender institution, secure training
15centre or secure college”.

Water Industry Act 1991 (c. 56)Water Industry Act 1991 (c. 56)

10 In paragraph 13(2) of Schedule 4A to the Water Industry Act 1991 (premises
not to be disconnected for non-payment of a charge)—

(a) in paragraph (b), omit the words from “within” to “, or”, and

(b) 20after that paragraph insert—

(ba) a secure college, or.

Prisoners (Return to Custody) Act 1995 (c. 16)1995 (c. 16)

11 In section 1(2) of the Prisoners (Return to Custody) Act 1995 (remaining at
large after temporary release), after “secure training centre” insert “or secure
25college”.

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

12 In section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000
(definition of “youth detention accommodation” for the purposes of
detention and training orders), after paragraph (a) insert—

(aa) 30a secure college;.

Children Act 2004 (c. 31)Children Act 2004 (c. 31)

13 The Children Act 2004 is amended as follows.

14 In section 11(1) (arrangements to safeguard and promote welfare), after
paragraph (l) insert—

(la) 35the principal of a secure college in England;.

15 In section 13(3) (establishment of Local Safeguarding Children Boards), after
paragraph (i) insert—

(ia) the principal of a secure college in the area of the authority;.

Criminal Justice and Courts BillPage 79

16 In section 15(3)(c) (funding of Local Safeguarding Children Boards), after “or
prison” insert “or the principal of a secure college”.

17 In section 25(4A) (co-operation to improve well-being: Wales)—

(a) for “Crown or” substitute “Crown,” and

(b) 5after “director)” insert “or the principal of a secure college”.

18 In section 28(1) (arrangements to safeguard and promote welfare: Wales),
after paragraph (h) insert—

(ha) the principal of a secure college in Wales;.

19 In section 31(3) (establishment of Local Safeguarding Children Boards in
10Wales), after paragraph (f) insert—

(fa) the principal of a secure college in the area of the authority;.

20 In section 33(3)(c) (funding of Local Safeguarding Children Boards in
Wales), after “or prison” insert “or the principal of a secure college”.

Childcare Act 2006 (c. 21)2006 (c. 21)

21 15In section 18(7) of the Childcare Act 2006 (meaning of “childcare”)—

(a) in paragraph (a), omit “or”,

(b) at the end of paragraph (b), insert “, or”, and

(c) after paragraph (b) insert—

(c) a secure college.

20Education and Inspections Act 2006 (c. 40)Education and Inspections Act 2006 (c. 40)

22 (1) Section 146 of the Education and Inspections Act 2006 (inspection of secure
training centres) is amended as follows.

(2) In the heading, after “secure training centres” insert “and secure colleges”.

(3) In subsection (1), after “secure training centres” insert “and secure colleges”.

(4) 25Omit subsection (3).

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

23 In section 2(7) of the Corporate Manslaughter and Corporate Homicide Act
2007 (relevant duty of care), in the definition of “custodial institution”, after
“secure training centre,” insert “a secure college,”.

30Offender Management Act 2007 (c. 21)2007 (c. 21)

24 The Offender Management Act 2007 is amended as follows.

25 In section 1(4) (meaning of “the probation purposes”), in the definition of
“prison”, for “and a secure training centre” substitute “, a secure training
centre and a secure college”.

26 35In section 14(5)(a) (disclosure)—

(a) in sub-paragraph (i), omit “and”,

(b) in sub-paragraph (ii), at the end insert “and”, and

(c) after sub-paragraph (ii) insert—

(iii) secure colleges or persons detained in them;.