Legal Aid, Sentencing and Punishment of Offenders Bill

NINTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 30th November 2011, as follows—

Clause 83
Schedule 11
Clauses 84 to 98
Schedule 12
Clauses 99 to 102
Schedule 13
Clause 103
Schedule 14
Clauses 104 to 111
Schedule 15
Clauses 112 to 114
Schedules 16 and 17
Clause 115
Schedule 18
Clause 116
Schedule 19
Clauses 117 to 121
Schedule 20
Clauses 122 to 124
Schedule 21
Clauses 125 to 128
Schedule 22
Clause 129
Schedule 23
Clauses 130 to 137

[Amendments marked * are new or have been altered]

After Clause 83

LORD BACH

LORD BEECHAM

178

Insert the following new Clause—

“Right to appeal bail decisions

(1) The Bail (Amendment) Act 1993 is amended as follows.

(2) After section 1 insert—

“1A Appeal against a bail decision

(1) The prosecution may appeal to a judge of the High Court against the decision of a Crown Court to grant bail in a case where a person is charged with or convicted of an offence triable on indictment.

(2) Subsection (1) applies where the prosecution is conducted—

(a) by or on behalf of the Director of Public Prosecutions; or

(b) by a person who falls within a class or description of person as prescribed in regulations made under this section.

(3) An appeal under subsection (1) may only be made where—

(a) the prosecution made representations that bail should not be granted; and

(b) the representations were made before it was granted.

(4) In the event of the prosecution wishing to exercise the right of appeal under subsection (1), it must give oral notice of appeal to the Crown Court at the conclusion of the proceedings in which such bail has been granted and before the release from custody of the person concerned.

(5) Written notice of appeal shall thereafter be served on the Crown Court and the person concerned within two hours of the conclusion of such proceedings.

(6) Upon receipt from the prosecution of oral notice of appeal from its decision to grant bail, the Crown Court shall remand in custody the person concerned until the appeal is determined or otherwise disposed of.

(7) Where the prosecution fails within the period of two hours mentioned in subsection (5) to serve one or both of the notices in accordance with that subsection the appeal shall be deemed to have been disposed of.

(8) The hearing of an appeal against a decision of the Crown Court to grant bail under subsection (1) shall be commenced within forty-eight hours, excluding weekends and any public holiday (that is to say Christmas Day, Good Friday or a Bank Holiday) from the date on which oral notice of appeal is given.

(9) The judge hearing an appeal under this section shall be privy to any earlier evidence and may, at the conclusion of the hearing—

(a) remand the person concerned in custody; or

(b) grant bail, subject to any conditions,

as he or she sees fit.”.”

Schedule 11

LORD MCNALLY

178ZZZA

Page 193, line 34, after “enactment,”” insert “;

““imprisonable offence” means an offence punishable in the case of an adult with imprisonment,”;

““sexual offence” means an offence specified in Part 2 of Schedule 15 to the Criminal Justice Act 2003,”;

““violent offence” means murder or an offence specified in Part 1 of Schedule 15 to the Criminal Justice Act 2003,””

178ZZZB

Page 194, leave out lines 1 and 2 and insert—

“(1) Section 3 (general provisions) is amended as follows.

(2) In subsection (6ZAA), for “person),” substitute “person granted bail in criminal proceedings of the kind mentioned in section 1(1)(a) or (b)), section 3AAA (in the case of a child or young person granted bail in connection with extradition proceedings),”.

(3) In subsection (7)—”

178ZZZC

Page 194, line 9, at end insert—

“3A (1) Section 3AA (conditions for the imposition of electronic monitoring requirements: children and young persons) is amended as follows.

(2) In the heading after “young persons” insert “released on bail other than in extradition proceedings”.

(3) In subsection (1) (conditions for the imposition of electronic monitoring conditions: children and young persons) after “young person” insert “released on bail in criminal proceedings of the kind mentioned in section 1(1)(a) or (b)”.”

3B After section 3AA insert—

“3AAA Conditions for the imposition of electronic monitoring requirements: children and young persons released on bail in extradition proceedings

(1) A court may not impose electronic monitoring requirements on a child or young person released on bail in connection with extradition proceedings unless each of the following conditions is met.

(2) The first condition is that the child or young person has attained the age of twelve years.

(3) The second condition is that—

(a) the conduct constituting the offence to which the extradition proceedings relate, or one or more of those offences, would, if committed in the United Kingdom, constitute a violent or sexual offence or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more, or

(b) the offence or offences to which the extradition proceedings relate, together with any other imprisonable offences of which the child or young person has been convicted in any proceedings—

(i) amount, or

(ii) would, if the child or young person were convicted of that offence or those offences, amount,

to a recent history of committing imprisonable offences while on bail or subject to a custodial remand.

(4) The third condition is that the court is satisfied that the necessary provision for dealing with the child or young person concerned can be made under arrangements for the electronic monitoring of persons released on bail that are currently available in each local justice area which is a relevant area.

(5) The fourth condition is that a youth offending team has informed the court that in its opinion the imposition of electronic monitoring requirements will be suitable in the case of the child or young person.

(6) The references in subsection (3)(b) to an imprisonable offence include a reference to an offence—

(a) of which the child or young person has been accused or convicted outside the United Kingdom, and

(b) which is equivalent to an offence that is punishable with imprisonment in the United Kingdom.

(7) The reference in subsection (3)(b) to a child or young person being subject to a custodial remand are to the child or young person being—

(a) remanded to local authority accommodation or youth detention accommodation under section 84 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,

(b) remanded to local authority accommodation under section 23 of the Children and Young Persons Act 1969, or

(c) subject to a form of custodial detention in a country or territory outside the United Kingdom while awaiting trial or sentence in that country or territory or during a trial in that country or territory.”

178ZZZD

Page 194, line 13, at end insert—

“4A In section 3AC (electronic monitoring: general provisions) in each of subsections (7) and (8) after “3AA” insert “, 3AAA”.”

178ZZA

Page 198, line 4, at end insert—

“Bail (Amendment) Act 1993 (c. 26)

28A (1) Section 1 of the Bail (Amendment) Act 1993 (prosecution right of appeal where bail is granted) is amended as follows.

(2) After subsection (1A) insert—

“(1B) Where a judge of the Crown Court grants bail to a person who is charged with, or convicted of, an offence punishable by imprisonment, the prosecution may appeal to the High Court against the granting of bail.

(1C) An appeal under subsection (1B) may not be made where a judge of the Crown Court has granted bail on an appeal under subsection (1).”

(3) In subsection (2) for “Subsection (1) above applies” substitute “Subsections (1) and (1B) above apply”.

(4) In subsections (3), (4) and (8) for “or (1A)” substitute “, (1A) or (1B)”.

(5) In subsection (10)(a)—

(a) for “reference in subsection (1)” substitute “references in subsections (1) and (1B)”, and

(b) for “is to be read as a reference” substitute “are to be read as references”.”

178ZZB

Page 198, line 14, at end insert—

“30A In section 200 of the Extradition Act 2003 (amendments to section 1 of the Bail (Amendment) Act 1993) omit subsections (4)(a) and (7)(a).”

Clause 86

BARONESS QUIN

LORD WIGLEY

178ZA

Page 65, line 38, after “language” insert “appropriate to the intellectual ability and understanding of the individual child”

Clause 88

LORD MCNALLY

178ZAZA

Page 67, line 38, leave out from beginning to “of”

178ZAZB

Page 67, line 38, after second “been” insert “accused or”

178ZAZC

Page 68, line 1, after “country” insert “or territory”

178ZAZD

Page 68, line 2, after “country” insert “or territory”

178ZAZE

Page 68, line 3, after “country” insert “or territory”

Clause 91

LORD RAMSBOTHAM

178ZAA

Page 69, line 22, leave out “twelve” and insert “fourteen”

Clause 92

LORD RAMSBOTHAM

178ZAB

Page 70, line 19, leave out “twelve” and insert “fourteen”

LORD MCNALLY

178ZABA

Page 71, line 16, leave out from second “sentence” to end of line 25 and insert “or order mentioned in section 76(1) of the Powers of Criminal Courts (Sentencing) Act 2000.”

Clause 93

LORD RAMSBOTHAM

178ZAC

Page 71, line 40, leave out “twelve” and insert “fourteen”

Clause 94

LORD RAMSBOTHAM

178ZAD

Page 72, line 36, leave out “twelve” and insert “fourteen”

Clause 95

LORD MCNALLY

178ZAE

Page 73, line 39, at end insert “, and

(d) accommodation, or accommodation of a description, for the time being specified by order under section 107(1)(e) of the Powers of Criminal Courts (Sentencing) Act 2000 (youth detention accommodation for purposes of detention and training order provisions).”

BARONESS QUIN

LORD WIGLEY

178ZB

Page 74, line 1, after “language” insert “appropriate to the intellectual ability and understanding of the individual child”

LORD MCNALLY

178ZBA

Page 74, line 20, at end insert—

“(8A) A function of the Secretary of State under this section (other than the function of making regulations) is exercisable by the Youth Justice Board for England and Wales concurrently with the Secretary of State.

(8B) The Secretary of State may by regulations provide that subsection (8A) is not to apply, either generally or in relation to a particular description of case.”

178ZBB

Page 74, line 21, leave out from “means” to end of line 33 and insert “accommodation which is provided in a children’s home, within the meaning of the Care Standards Act 2000—

(a) which provides accommodation for the purposes of restricting liberty, and

(b) in respect of which a person is registered under Part 2 of that Act.

(10) Before the coming into force in relation to England of section 107(2) of the Health and Social Care (Community Health and Standards) Act 2003, subsection (9) has effect as if it defined “secure children’s home” in relation to England as accommodation which—

(a) is provided in a children’s home, within the meaning of the Care Standards Act 2000, in respect of which a person is registered under Part 2 of that Act, and

(b) is approved by the Secretary of State for the purpose of restricting the liberty of children.”

Clause 96

LORD MCNALLY

178ZBC

Page 74, line 37, after “homes” insert “, or accommodation within section 95(2)(d),”

178ZBD

Page 75, line 9, leave out subsections (4) to (6)

178ZBE

Page 75, line 20, at end insert—

“(8) A function of the Secretary of State under this section (other than the function of making regulations) is exercisable by the Youth Justice Board for England and Wales concurrently with the Secretary of State.

(9) The power to make regulations under subsection (2) includes power to make provision about the recovery of costs by the Youth Justice Board for England and Wales.

(10) The Secretary of State may by regulations provide that subsection (8), or provision made by virtue of subsection (9), is not to apply, either generally or in relation to a particular description of case.”

Clause 97

LORD MCNALLY

178ZBF

Page 75, line 28, leave out subsections (3) to (5)

After Clause 98

LORD MCNALLY

178ZBG

Insert the following new Clause—

“Regulations under this Chapter

(1) Regulations under this Chapter are to be made by statutory instrument.

(2) Regulations under this Chapter may—

(a) make different provision for different cases;

(b) include supplementary, incidental, transitional, transitory or saving provision.

(3) A statutory instrument containing regulations under this Chapter is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (4).

(4) A statutory instrument containing regulations under section 95(8B) or 96(10) (whether alone or with any other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

Schedule 12

LORD MCNALLY

178ZBH

Page 199, line 12, at end insert—

“(5) In subsection (7), in the definition of “serious offence”, after “means” insert “(subject to subsection (8))”.

(6) After subsection (7) insert—

“(8) For the purposes of the application of this section to a person remanded on bail in connection with proceedings under the Extradition Act 2003—

(a) an offence is a “serious offence” if the conduct constituting the offence would, if committed in the United Kingdom, constitute an offence punishable in the case of an adult with imprisonment for a term of two years or more, and

(b) the reference in subsection (1)(a) to a person being charged with a serious offence includes a reference to the person having been accused of such an offence.””

178ZBJ

Page 200, line 10, leave out “In”

178ZBK

Page 200, line 11, after “seventeen)” insert “is amended as follows.

(2) In subsection (3), at the end insert “or youth detention accommodation”.

(3) ”

178ZBL

Page 200, line 13, after “section” insert “—

(a) ”

178ZBM

Page 200, line 15, at end insert “,

(b) the reference to being remanded to youth detention accommodation is to be construed in accordance with section 95 of that Act, and

(c) those references include a reference to a remand to local authority accommodation under section 23 of the Children and Young Persons Act 1969.”

178ZBN

Page 203, line 19, leave out “133” and insert “133(1)”

Clause 99

LORD MCNALLY

178ZBP

Page 76, line 35, leave out subsection (4)

178ZBQ

Page 76, line 40, after “accommodation” insert “, and related expressions,”

178ZBR

Page 76, line 43, at end insert—

“(8) Subsections (3) and (6) are subject to sections 87(9), 88(10) and 92(11) (references to remand to local authority accommodation or youth detention accommodation to include such a remand under section 23 of the Children and Young Persons Act 1969).”

Clause 100

LORD MCNALLY

178ZC

Page 77, line 12, leave out “committed on or after 4th April 2005”

178ZD

Page 78, leave out lines 17 to 20

178ZE

Page 78, line 22, after “91” insert “or 96”

178ZF

Page 78, line 23, after “section” insert “227 or”

178ZG

Page 78, line 23, leave out from second “Act” to end of line 25

Clause 101

LORD MCNALLY

178ZH

Page 79, line 28, leave out “, (11)”

Clause 102

LORD MCNALLY

178ZJ

Page 80, line 39, at end insert—

“( ) In section 305(1A) (modification of reference to want of sufficient distress), inserted by paragraph 155 of Schedule 13 to the Tribunals, Courts and Enforcement Act 2007, for “In the definition of “sentence of imprisonment” in subsection (1) the reference” substitute “In this Part any reference”.”

178ZK

Page 81, line 4, at end insert—

“( ) section 23 and Schedule 6.”

Schedule 13

LORD MCNALLY

178ZL

Page 205, line 25, at end insert—

“Part 2 Other amendments Criminal Appeal Act 1968 (c. 19)

6 In Schedule 2 to the Criminal Appeal Act 1968 (procedural and other provisions applicable on order for retrial), in paragraph 2(4), for “Sections 240” substitute “Sections 240ZA”.

Immigration Act 1971 (c. 77)

7 In section 7 of the Immigration Act 1971 (exemption from deportation for certain existing residents), in subsection (4), after “section 240” insert “, 240ZA or 240A”.

Road Traffic Offenders Act 1988 (c. 53)

8 In section 35A of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence also imposed), in subsection (6)—

(a) omit “a direction under”;

(b) in paragraph (a), for “section 240” substitute “section 240ZA”;

(c) in paragraph (b), before “section 240A” insert “a direction under”.

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

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

10 In section 82A (determination of tariffs), in subsection (3)(b), for “section 240” substitute “section 240ZA”.

11 In section 101 (term of detention and training order), in subsection (12A), for “the reference in subsection (2) of that section to section 240” substitute “the reference in subsection (2A) of that section to section 240ZA”.

12 In section 147A (extension of disqualification where custodial sentence also imposed), in subsection (6)—

(a) omit “a direction under”;

(b) in paragraph (a), for “section 240” substitute “section 240ZA”;

(c) in paragraph (b), before “section 240A” insert “a direction under”.

International Criminal Court Act 2001 (c. 17)

13 In Schedule 7 to the International Criminal Court Act 2001 (domestic provisions not applicable to ICC prisoners), in paragraph 2(1)(d), for “sections 240” substitute “sections 240ZA”.”

Clause 103

LORD MCNALLY

178ZM

Page 81, line 12, leave out from “months” to end of line 14

178ZN

Page 81, line 25, at end insert—

“(4) This section is subject to—

(a) section 256B (supervision of young offenders after release), and

(b) paragraph 8 of Schedule 20B (transitional cases).””

Schedule 14

LORD MCNALLY

178ZP

Page 205, line 27, at end insert—

“Road Traffic Offenders Act 1988 (c. 53)

1 In section 35A of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence also imposed)—

(a) in subsection (8), after “section” insert “243A(3)(a),”;

(b) in subsection (9)(a), after “in respect of section” insert “243A(3)(a) or”.

Crime (Sentences) Act 1997 (c. 43)

2 In Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands), in paragraphs 8(2)(a) and 9(2)(a), after “sections 241,” insert “243A,”.

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

3 In section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 (extension of disqualification where custodial sentence also imposed)—

(a) in subsection (8), after “section” insert “243A(3)(a),”;

(b) in subsection (9)(a), after “in respect of section” insert “243A(3)(a) or”.

International Criminal Court Act 2001 (c. 17)

4 In Schedule 7 to the International Criminal Court Act 2001 (domestic provisions not applicable to ICC prisoners), in paragraph 3(1), for “sections 244” substitute “sections 243A”.”

Clause 104

LORD MCNALLY

178ZQ

Page 82, line 12, after “91” insert “or 96”

178ZR

Page 82, line 12, after second “section” insert “227 or”

178ZS

Page 82, leave out lines 13 and 14

After Clause 108

LORD MCNALLY

178ZT

Insert the following new Clause—

“Replacement of transitory provisions

(1) Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release on licence) is amended as follows.

(2) In section 237(1)(b) (“fixed-term prisoner” includes those serving sentence of detention)—

(a) after “91” insert “or 96”;

(b) before “228” insert “227 or”.

(3) At the end of that section insert—

“(3) In this Chapter, references to a sentence of detention under section 96 of the Sentencing Act or section 227 of this Act are references to a sentence of detention in a young offender institution.”

(4) In section 244(3)(a) (duty to release prisoners: requisite custodial period), after “91” insert “or 96”.

(5) In section 250(4) (licence conditions)—

(a) after “91” insert “or 96”;

(b) before “228” insert “227 or”.

(6) In section 258 (early release of fine defaulters and contemnors), after subsection (3) insert—

“(3A) The reference in subsection (3) to sentences of imprisonment includes sentences of detention under section 91 or 96 of the Sentencing Act or under section 227 or 228 of this Act.”

(7) In section 263(4) (concurrent terms)—

(a) after “91” insert “or 96”;

(b) before “228” insert “227 or”.

(8) In section 264(7) (consecutive terms)—

(a) after “91” insert “or 96”;

(b) before “228” insert “227 or”.

(9) In section 265(2) (restriction on consecutive sentences)—

(a) after “91” insert “or 96”;

(b) before “228” insert “227 or”.

(10) In Part 2 of the Crime (Sentences) Act 1997 (life sentences: release on licence)—

(a) in section 31A(5) (termination of licences), in the definition of “preventive sentence”, after “a sentence of imprisonment” insert “or detention in a young offender institution”;

(b) in section 34(2)(d) (interpretation), after “a sentence of imprisonment” insert “or detention in a young offender institution”.

(11) In the Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), article 3(7), (10), (11), (12), (13), (14), (15) and (17)(a) and (b) (transitory provision replaced by this section) are revoked.”

Schedule 15

LORD MCNALLY

178ZU

Page 208, line 4, at end insert—

“( ) Section (Replacement of transitory provisions) applies in relation to any person who falls to be released under Chapter 6, or (as the case may be) under Chapter 2 of Part 2 of the Crime (Sentences) Act 1997, on or after the commencement date.”

Clause 112

LORD MCNALLY

LORD THOMAS OF GRESFORD

LORD MACDONALD OF RIVER GLAVEN

 

The above-named Lords give notice of their intention to oppose the Question that Clause 112 stand part of the Bill.

Before Clause 113

LORD MCNALLY

178ZV

Insert the following new Clause—

“Simplification of existing transitional provisions

(1) Chapter 6 of Part 12 of the Criminal Justice Act 2003 (“the 2003 Act”) is to apply to any person serving a sentence for an offence committed before 4 April 2005 (whenever that sentence was or is imposed).

(2) Section 258 of the 2003 Act (release of fine defaulters and contemnors) is to apply to any person who was, before 4 April 2005, committed to prison or to be detained under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000—

(a) in default of payment of a sum adjudged to be paid by a conviction, or

(b) for contempt of court or any kindred offence.

(3) In accordance with subsections (1) and (2)—

(a) the repeal of Part 2 of the Criminal Justice Act 1991 which is made by section 303(a) of the 2003 Act has effect in relation to any person mentioned in those subsections;

(b) paragraphs 15 to 18, 19(a), (c) and (d), 20, 22 to 28 and 30 to 34 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2008 (S.I. 2005/950) (which relate to the coming into force of provisions of Chapter 6 of Part 12 of the 2003 Act) are revoked.

(4) Section 86 of the Powers of Criminal Courts (Sentencing) Act 2000 (extension of periods in custody and on licence in the case of certain sexual offences) is repealed.

(5) Schedule (Amendments of the Criminal Justice Act 2003: transitional and consequential provisions) (transitional and other provisions consequential on this section) has effect.

(6) Schedule (Criminal Justice Act 2003: restatement of transitional provisions) (amendments to the 2003 Act restating the effect of certain transitional and other provisions relating to the release and recall of prisoners) has effect.”

LORD LLOYD OF BERWICK

LORD JUDD

178A

Insert the following new Clause—

“Duty to release certain prisoners serving a whole life sentence

In Chapter 2 of Part 1 of the Crime (Sentences) Act 1997 after section 28 insert—

“28A Duty to release certain prisoners serving a whole life sentence

(1) In the case of a life prisoner who has been made subject to a whole life order, and has served 30 years of his sentence, it shall be the duty of the Secretary of State, with the consent of the Lord Chief Justice and the trial judge if available, to refer the case to the Parole Board.

(2) If the Parole Board is satisfied—

(a) that it is no longer necessary for the protection of the public that the prisoner should be confined, and

(b) that in all the circumstances the release of the prisoner on licence would be in the interests of justice,

the Parole Board may direct his release under this section.

(3) Where the Parole Board has directed a prisoner’s release under this section, it shall be the duty of the Secretary of State to release him on licence.””

178B

Insert the following new Clause—

“Effect of life sentence

In Chapter 7 of Part 12 of the Criminal Justice Act 2003 (effect of life sentence) omit section 269(5) to (7).”

After Clause 113

LORD WIGLEY

LORD JUDD

179

Insert the following new Clause—

“Abolition of certain sentences for dangerous offenders (No. 2)

All those already serving sentences of imprisonment for public protection for serious offences must either—

(a) have access to relevant rehabilitation programmes, or

(b) have their sentences rescinded,

within 30 days of the commencement of this Act.”

LORD THOMAS OF GRESFORD

179ZA

Insert the following new Clause—

“Existing indeterminate sentences

(1) Where P is serving an existing sentence under sections 225 and 226 of the Criminal Justice Act 2003 and has served the entirety of his tariff the Secretary of State must immediately refer his case to the Parole Board.

(2) Where P falls within subsection (1) it is the duty of the Secretary of State to release P on license as soon as the Board has directed his release under this section.

(3) The Board must direct P’s release unless the Board is satisfied, on the basis of clear and compelling evidence which post-dates P’s conviction, that there is a strong and immediate probability that P will commit a serious violent or sexual offence on release.

(4) Where the Board has declined to direct release in accordance with subsection (3), it is the duty of the Secretary of State to—

(a) demonstrate that provision has been made for P to undergo relevant programmes with a view to reducing the risk of future offending; and

(b) refer P’s case to the Board at 6 monthly intervals until such time as the Board directs P’s release under subsection (2).

(5) Notwithstanding the provisions of this section, no existing prisoner serving an indeterminate sentence may serve a period in excess of—

(a) 5 years post-tariff custody in the case of a specified violent offence, or

(b) 8 years post-tariff custody in the case of a specified sexual offence.”

LORD RAMSBOTHAM

179ZB

Insert the following new Clause—

“Prisoners serving existing indeterminate sentences

(1) Where a prisoner is serving a sentence under section 225(3) (imprisonment for public protection) or section 226(3) (detention for public protection) of the Criminal Justice Act 2003 and has served the entirety of his tariff the Secretary of State must immediately refer his case to the Parole Board.

(2) Where a prisoner has been referred to the Parole Board in accordance with subsection (1), the Parole Board must direct his release, unless satisfied, on the basis of clear and compelling evidence, that there is a strong and immediate probability that the prisoner will commit a specified violent or sexual offence on release.

(3) Where subsection (1) applies it is the duty of the Secretary of State to release a prisoner on licence as soon as the Parole Board has directed his release under subsection (2).

(4) Where the Parole Board has declined to direct the release of a prisoner in accordance with subsection (2), it is the duty of the Secretary of State to:

(a) demonstrate that provision has been made for the prisoner to undergo relevant programmes with a view to reducing the risk of future offending, and

(b) refer the prisoner’s case to the Parole Board at 6 monthly intervals until such time as the Parole Board directs the prisoner’s release under subsection (2).

(5) Notwithstanding the provisions of this section, no prisoner serving an existing indeterminate sentence may serve a period in excess of:

(a) 5 years post-tariff custody in the case of those convicted of a specified violent offence, or

(b) 8 years post-tariff custody in the case of those convicted of a specified sexual offence.

(6) For the purposes of this section:

(a) “specified violent offence” means an offence specified in Part 1 of Schedule 15 to the Criminal Justice Act 2003.

(b) “Specified sexual offence” means an offence specified in Part 2 of Schedule 15 to the Criminal Justice Act 2003.”

Clause 114

LORD LLOYD OF BERWICK

 

Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 114 stand part of the Bill.

Before Schedule 16

LORD MCNALLY

179A

Insert the following new Schedule—

“SCHEDULE Amendments of the Criminal Justice Act 2003: transitional and consequential provisions Part 1 Transitional provisions

1 The Criminal Justice Act 2003 is amended as follows.

2 After section 267 insert—

“267A Application of Chapter 6 to pre-4 April 2005 cases

Schedule 20A (which modifies certain provisions of this Chapter as they apply to persons serving a sentence for an offence committed before 4 April 2005) has effect.”

3 After Schedule 20 insert—

“SCHEDULE 20A Section 267A Application of Chapter 6 of Part 12 to pre-4 April 2005 cases

1 In this Schedule—

“the 1991 Act” means the Criminal Justice Act 1991;

“the commencement date” means the date on which section (Simplification of existing transitional provisions) of the Legal Aid, Sentencing and Punishment of Offenders Act 2011 comes into force.

2 Paragraphs 3 to 9 apply in relation to any person serving a sentence for an offence committed before 4 April 2005, whenever that sentence was imposed (see section (Simplification of existing transitional provisions)(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2011).

3 (1) Any relevant period is to be treated, for the purposes of section 240ZA, as if it were a period for which the offender was remanded in custody in connection with the offence.

(2) “Relevant period” means any period which would (but for the repeal of section 67 of the Criminal Justice Act 1967) be a relevant period within the meaning of that section (reduction of sentences by period spent in custody etc).

4 Section 246 applies as if, in subsection (4)—

(a) the reference in paragraph (a) to section 227 or 228 were a reference to section 85 of the Sentencing Act;

(b) the reference in paragraph (d) to paragraph 9(1)(b) or (c) or 10(1)(b) or (c) of Schedule 8 were a reference to paragraph 4(1)(d) or 5(1)(d) of Schedule 3 to the Sentencing Act;

(c) in paragraph (g)—

(i) the reference to section 246 included a reference to section 34A of the 1991 Act,

(ii) the reference to section 255(1)(a) included a reference to section 38A(1)(a) or 39(1) or (2) of the 1991 Act, and

(iii) the reference to section 255(3) included a reference to section 38A(3) of the 1991 Act;

(d) the references in paragraph (h) to sections 248 and 254 included references to, respectively, sections 36 and 39(1) or (2) of the 1991 Act; and

(e) in paragraph (i), the words from “in the case of” to “relates” were omitted.

5 (1) Where the person has been released on licence under Part 2 of the 1991 Act or under section 60 of the Criminal Justice Act 1967 before the commencement date, the person is to be treated as if the release had been under this Chapter.

(2) In particular, the following provisions apply.

(3) A licence under section 34A of the 1991 Act is to be treated as if it were a licence under section 246.

(4) A licence under section 36 of the 1991 Act is to be treated as if it were a licence under section 248.

(5) Any condition of a licence specified under section 37 of the 1991 Act is to have effect as if it were included under section 250 (whether or not the condition is of a kind which could otherwise be included under that section).

(6) Where the licence is, on the commencement date, subject to a suspension under section 38(2) of the 1991 Act, the suspension continues to have effect for the period specified by the court despite the repeal of that section.

(7) A licence under section 40A of the 1991 Act is to be treated as if it were a licence under this Chapter, except that in respect of any failure (before or after the commencement date) to comply with the conditions of the licence, the person is liable to be dealt with in accordance with section 40A(4) to (6) (despite the repeal of that section) and is not liable to be dealt with in any other way.

(8) Sub-paragraph (1) does not affect the duration of the licence.

6 (1) Where a person has been recalled under Part 2 of the 1991 Act before the commencement date, the person is to be treated as if the recall had been under section 254.

(2) In particular, the following provisions apply.

(3) If the Secretary of State has not referred the person’s case to the Board under section 39(4) or 44A of the 1991 Act, the Secretary of State must refer the case under section 255C(4).

(4) If the Secretary of State has referred the person’s case to the Board under section 39(4) or 44A of the 1991 Act, that reference is to be treated as if it had been made under section 255C(4).

(5) A determination of a reference under section 39(4) or 44A of the 1991 Act is to be treated as a determination under section 256(1).

(6) If the person is released on licence, the duration of that licence is determined in accordance with section 249 (subject to paragraphs 17, 19 and 26 of Schedule 20B).

7 Rules made by virtue of section 42 of the 1991 Act have effect as if made by virtue of section 257.

8 (1) A person removed from prison under section 46A of the 1991 Act before the commencement date is to be treated as having been removed from prison under section 260.

(2) Section 260 applies as if, in subsection (7)—

(a) the reference to an extended sentence imposed under section 227 or 228 were a reference to an extended sentence imposed under section 85 of the Sentencing Act, and

(b) the reference to the appropriate custodial term determined under section 227 or 228 were a reference to the custodial term determined under section 85.

9 An order made under section 47 of the 1991 Act is to have effect as if it were an order made under section 243.

10 Section 264 applies as if the definition of “custodial period” in subsection (6) included, in relation to an extended sentence imposed under section 85 of the Sentencing Act, one-half of the custodial term determined under that section.”

Part 2 Consequential amendments Repatriation of Prisoners Act 1984 (c. 47)

4 In section 2(4)(b)(i) of the Repatriation of Prisoners Act 1984 (power to provide for prisoner to be treated as having been released) for “section 244 or 246” substitute “Chapter 6 of Part 12”.

Criminal Justice Act 1991 (c. 53)

5 In Schedule 12 to the Criminal Justice Act 1991, omit paragraphs 8 to 13 (transitional provisions relating to the coming into force of Part 2 of that Act).

Crime (Sentences) Act 1997 (c. 43)

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

7 In paragraph 8 (transfers to Scotland)—

(a) in sub-paragraph (2)(a), after “246 to 264A” insert “, 267A and 267B”;

(b) in sub-paragraph (4)(a), for “and 249 to 264A” substitute “, 249 to 264A, 267A and 267B”.

8 In paragraph 9(2)(a) and (4)(a) (transfers to Northern Ireland), for “and 254 to 264A” substitute “, 254 to 264A, 267A and 267B”.

Extradition Act 2003 (c. 41)

9 The Extradition Act 2003 is amended as follows.

10 In section 59 (return of person to serve remainder of sentence), in subsection (11)—

(a) omit paragraph (a);

(b) in paragraph (b), for “section 244” substitute “Chapter 6 of Part 12”.

11 In section 132 (return of person to serve remainder of sentence), in subsection (11)—

(a) omit paragraph (a);

(b) in paragraph (b), for “section 244” substitute “Chapter 6 of Part 12”.

12 In section 153B (return of person in pursuance of undertaking), in subsection (10)(a)—

(a) omit sub-paragraph (i);

(b) in sub-paragraph (ii), for “section 244” substitute “Chapter 6 of Part 12”.

Criminal Justice Act 2003 (c. 44)

13 The Criminal Justice Act 2003 is amended as follows.

14 In section 240A(1)(a) (crediting of periods of remand on bail), omit the words “committed on or after 4th April 2005”.

15 (1) The repeal by section 25 of the Criminal Justice and Immigration Act 2008 of provisions in section 247 of the Criminal Justice Act 2003 comes fully into force.

(2) Accordingly, in paragraph 2 of Schedule 2 to the Criminal Justice and Immigration Act 2008 (Commencement No.2 and Transitional and Savings Provisions) Order 2008 (S.I. 2008/1586), omit “and 25”.

16 Omit section 262 and Schedule 20 (prisoners liable to removal from United Kingdom).

17 Omit section 265(1A) (restriction on consecutive sentences for released prisoners).

Domestic Violence, Crime and Victims Act 2004 (c. 28)

18 Omit paragraph 46 of Schedule 10 to the Domestic Violence, Crime and Victims Act 2004.

Police and Justice Act 2006 (c. 48)

19 Omit paragraph 33 of Schedule 13 to the Police and Justice Act 2006.

Criminal Justice and Immigration Act 2008 (c. 4)

20 In the Criminal Justice and Immigration Act 2008, omit—

(a) sections 20(4)(b), 26 to 28, 32 and 33(1), (3), (5) and (6);

(b) paragraph 29(2) to (5) of Schedule 26;

(c) paragraphs 8 and 9 of Schedule 27.

Coroners and Justice Act 2009 (c. 25)

21 In the Coroners and Justice Act 2009, omit—

(a) section 145;

(b) paragraph 43 of Schedule 22.

Criminal Justice and Immigration Act 2008 (Commencement No.1 and Transitional Provisions) Order 2008 (S.I. 2008/1466)

22 Article 3 of the Criminal Justice and Immigration Act 2008 (Commencement No.1 and Transitional Provisions) Order 2008 (S.I. 2008/1466) is revoked.”

179B

Insert the following new Schedule—

“SCHEDULE Criminal Justice Act 2003: restatement of transitional provisions

1 The Criminal Justice Act 2003 is amended as follows.

2 In section 244 (duty to release prisoners on licence), after subsection (3) insert—

“(4) This section is subject to paragraphs 5, 6, 8, 25 and 28 of Schedule 20B (transitional cases).”

3 In section 247 (release on licence of prisoner serving extended sentence), after subsection (7) insert—

“(8) In its application to a person serving a sentence imposed before 14 July 2008, this section is subject to the modifications set out in paragraph 15 of Schedule 20B (transitional cases).”

4 In section 249 (duration of licence), at the end insert—

“(5) This section is subject to paragraphs 17, 19 and 26 of Schedule 20B (transitional cases).”

5 (1) Section 258 (early release of fine defaulters and contemnors) is amended as follows.

(2) After subsection (2) insert—

“(2A) Subsection (2) is subject to paragraph 35 of Schedule 20B (transitional cases).”

(3) In subsection (3) after “in this section” insert “or in paragraph 35 of Schedule 20B”.

6 In section 260 (early removal of prisoners liable to removal from UK), after subsection (7) insert—

“(8) Paragraphs 36 and 37 of Schedule 20B (transitional cases) make further provision about early removal of certain prisoners.”

7 In section 263 (concurrent terms), after subsection (4) insert—

“(5) This section is subject to paragraphs 21, 31 and 32 of Schedule 20B (transitional cases).”

8 In section 264 (consecutive terms), after subsection (7) insert—

“(8) This section is subject to paragraphs 21, 22, 31, 32 and 33 of Schedule 20B (transitional cases).”

9 After section 267A (inserted by Schedule (Amendments of the Criminal Justice Act 2003: transitional and consequential provisions)) insert—

“267B Modification of Chapter 6 in certain transitional cases

Schedule 20B (which modifies this Chapter so as to restate, with minor amendments, the effect of transitional provisions relating to the coming into force of this Chapter) has effect.”

10 After Schedule 20A (inserted by Schedule (Amendments of the Criminal Justice Act 2003: transitional and consequential provisions)) insert—

“SCHEDULE 20B Section 267B Modifications of Chapter 6 of Part 12 in certain transitional cases Part 1 Introductory Interpretation

1 (1) The following provisions apply for the purposes of this Schedule.

(2) “The commencement date” means the date on which section (Simplification of existing transitional provisions) of the Legal Aid, Sentencing and Punishment of Offenders Act 2011 comes into force.

(3) “The 1967 Act” means the Criminal Justice Act 1967.

(4) “The 1991 Act” means the Criminal Justice Act 1991.

(5) A “section 85 extended sentence” means an extended sentence under section 85 of the Sentencing Act and includes (in accordance with paragraph 1(3) of Schedule 11 to that Act) a sentence under section 58 of the Crime and Disorder Act 1998.

(6) In relation to a section 85 extended sentence, “the custodial term” and “the extension period” have the meaning given by that section.

(7) References to section 86 of the Sentencing Act include (in accordance with paragraph 1(3) of Schedule 11 to that Act) section 44 of the 1991 Act as originally enacted.

(8) A “1967 Act sentence” is a sentence imposed before 1 October 1992.

(9) A “1991 Act sentence” is a sentence which is—

(a) imposed on or after 1 October 1992 but before 4 April 2005, or

(b) imposed on or after 4 April 2005 but before the commencement date and is either—

(i) imposed in respect of an offence committed before 4 April 2005, or

(ii) for a term of less than 12 months.

(10) A “2003 Act sentence” is a sentence which is—

(a) imposed on or after the commencement date, or

(b) imposed on or after 4 April 2005 but before the commencement date and is both—

(i) imposed in respect of an offence committed on or after 4 April 2005, and

(ii) for a term of 12 months or more.

(11) Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it is to be taken for the purposes of this Schedule to have been committed on the last of those days.

Explanation of dates

2 The following dates (which are mentioned in this Schedule) are dates on which changes to the law relating to the release and recall of prisoners came into force—

1 October 1992 is the date on which Part 2 of the Criminal Justice Act 1991 came into force;

30 September 1998 is the date on which certain provisions of the Crime and Disorder Act 1998 came into force;

4 April 2005 is the date on which this Chapter came into force;

9 June 2008 is the date on which section 26 of the Criminal Justice and Immigration Act 2008 came into force;

14 July 2008 is the date on which certain other provisions of that Act came into force;

2 August 2010 is the date on which section 145 of the Coroners and Justice Act 2009 came into force.

Part 2 Prisoners serving 1991 Act sentences etc

3 (1) This Part applies to certain persons serving a 1991 Act sentence.

(2) This Part also applies to a person serving a 2003 Act sentence which is—

(a) a section 85 extended sentence, or

(b) an extended sentence imposed under section 227 or 228 before 14 July 2008.

(3) But this Part does not apply to a person who—

(a) has been released on licence under Part 2 of the 1991 Act,

(b) has been recalled to prison, and

(c) (whether or not having returned to custody in consequence of that recall) is unlawfully at large on the commencement date.

Duty to release on licence at two-thirds of sentence

4 (1) This paragraph applies to a person in relation to whom—

(a) all the conditions in sub-paragraph (2) are met, and

(b) the condition in any one or more of sub-paragraphs (3) to (5) is met.

(2) The conditions in this sub-paragraph are that—

(a) the person has been convicted of an offence committed before 4 April 2005,

(b) the person is serving a sentence of imprisonment imposed in respect of that offence on or after 1 October 1992 but before the commencement date,

(c) the sentence or (in the case of a section 85 extended sentence) the custodial term is for a term of 4 years or more, and

(d) the person has not previously been released from prison on licence in respect of that sentence.

(3) The condition in this sub-paragraph is that the offence (or one of the offences) in respect of which the sentence was imposed is—

(a) an offence specified in Schedule 15 (specified violent offences and specified sexual offences) as it had effect on 4 April 2005,

(b) an offence under any of sections 11, 12, 15 to 18, 54 and 56 to 63 of the Terrorism Act 2000,

(c) an offence under any of sections 47, 50 and 113 of the Anti-terrorism, Crime and Security Act 2001,

(d) an offence under section 12 of the Sexual Offences Act 1956,

(e) an offence of aiding, abetting counselling, procuring or inciting the commission of an offence listed in any of paragraphs (b) to (d), or

(f) an offence of conspiring or attempting to commit an offence listed in any of paragraphs (b) to (d).

(4) The condition in this sub-paragraph is that the person has served one-half of the sentence or (in the case of a section 85 extended sentence) of the custodial term before 9 June 2008.

(5) The condition in this sub-paragraph is that—

(a) the person is serving the sentence by virtue of having been transferred to the United Kingdom in pursuance of a warrant under section 1 of the Repatriation of Prisoners Act 1984,

(b) the warrant was issued before 9 June 2008, and

(c) the offence (or one of the offences) for which the person is serving the sentence corresponds to murder or to any offence specified in Schedule 15 as it had effect on 4 April 2005.

5 (1) As soon as a person to whom paragraph 4 applies has served two-thirds of the sentence, it is the duty of the Secretary of State to release the person on licence under this paragraph.

(2) If the person is serving a section 85 extended sentence, the reference in sub-paragraph (1) to two-thirds of the sentence is a reference to two-thirds of the custodial term.

(3) Sub-paragraphs (1) and (2) apply in place of section 244 (release on licence of prisoners serving 12 months or more).

Duty to release on direction of Parole Board

6 (1) After a person to whom paragraph 4 applies has served one-half of the sentence, the Secretary of State must, if directed to do so by the Board, release the person on licence under this paragraph.

(2) The Board must not give a direction under sub-paragraph (1) unless the Board is satisfied that it is no longer necessary for the protection of the public that the person should be confined.

(3) If the person is serving a section 85 extended sentence, the references in this paragraph to one-half of the sentence are references to one-half of the custodial term.

(4) Sub-paragraphs (1) to (3) apply in place of section 244 (release on licence of prisoners serving 12 months or more).

Release on licence at one-half of sentence: section 85 extended sentence prisoners

7 (1) This paragraph applies to a person if—

(a) the person has been convicted of an offence committed on or after 30 September 1998 but before 4 April 2005,

(b) the person is serving a section 85 extended sentence in respect of that offence,

(c) the person has not previously been released from prison on licence in respect of that sentence, and

(d) paragraph 4 does not apply to the person.

8 (1) As soon as a person to whom paragraph 7 applies has served one-half of the custodial term, it is the duty of the Secretary of State to release the person on licence under this paragraph.

(2) Sub-paragraph (1) applies in place of section 243A or 244, as the case may be (release of prisoners serving less than 12 months, or serving 12 months or more).

Duty to release unconditionally at three-quarters of sentence

9 (1) This paragraph applies to a person if—

(a) the person has been convicted of an offence committed before 30 September 1998,

(b) the person is serving a sentence of imprisonment imposed in respect of that offence on or after 1 October 1992,

(c) the sentence is for a term of 12 months or more,

(d) the person has been released on licence under Part 2 of the 1991 Act, and

(e) the person has been recalled before 14 July 2008 (and has not been recalled after that date).

(2) But this paragraph does not apply if the court by which the person was sentenced ordered that section 86 of the Sentencing Act (extension of periods in custody and on licence in the case of certain sexual offences) should apply.

10 As soon as a person to whom paragraph 9 applies would (but for the earlier release) have served three-quarters of the sentence, it is the duty of the Secretary of State to release the person unconditionally.

Duty to release on licence at three-quarters of sentence

11 (1) This paragraph applies to a person who—

(a) has been convicted of an offence committed on or after 30 September 1998 but before 4 April 2005,

(b) is serving a sentence of imprisonment for a term of 12 months or more imposed in respect of that offence,

(c) has been released on licence under Part 2 of the 1991 Act, and

(d) has been recalled before 14 July 2008 (and has not been recalled after that date).

(2) But this paragraph does not apply if the person has been released and recalled more than once.

(3) Nor does this paragraph apply if the sentence is a section 85 extended sentence (paragraph 13 applying to such a case instead).

12 As soon as a person to whom paragraph 11 applies would (but for the earlier release) have served three-quarters of the sentence, it is the duty of the Secretary of State to release the person on licence.

Release on licence: re-release of section 85 extended sentence prisoners

13 (1) This paragraph applies to a person who—

(a) has been convicted of an offence committed on or after 30 September 1998 but before 4 April 2005,

(b) is serving a section 85 extended sentence imposed in respect of that offence,

(c) has been released on licence under Part 2 of the 1991 Act, and

(d) has been recalled before 14 July 2008 (and has not been recalled after that date).

(2) But this paragraph does not apply if the person has been released and recalled more than once.

14 (1) If a person to whom paragraph 13 applies is serving a sentence with a custodial term of less than 12 months, it is the duty of the Secretary of State to release the person on licence as soon as the person would (but for the earlier release) have served the period found by adding—

(a) one-half of the custodial term, and

(b) the extension period.

(2) If a person to whom paragraph 13 applies is serving a sentence with a custodial term of 12 months or more, it is the duty of the Secretary of State to release the person on licence as soon as the person would (but for the earlier release) have served the period found by adding—

(a) three-quarters of the custodial term, and

(b) the extension period.

Release of section 227 or 228 extended sentence prisoners: Parole Board direction

15 (1) This paragraph applies to a person (“P”) who is serving an extended sentence under imposed section 227 or 228 before 14 July 2008.

(2) Section 247 (release of prisoner on licence) applies to P with the following modifications.

(3) The Secretary of State must not release P under subsection (2) of that section unless the Board has directed P’s release under that subsection.

(4) The Board must not give a direction under sub-paragraph (3) unless the Board is satisfied that it is no longer necessary for the protection of the public that the person should be confined.

(5) As soon as P has served the appropriate custodial term, the Secretary of State must release P on licence, unless P has previously been recalled under section 254.

Licence to remain in force to three-quarters of sentence

16 (1) This paragraph applies to a person to whom paragraph 4 applies.

(2) This paragraph also applies to a person if—

(a) the person has been convicted of an offence committed before 4 April 2005,

(b) the person is serving a sentence of imprisonment imposed in respect of that offence on or after 1 October 1992 but before the commencement date,

(c) that sentence is for a term of 12 months or more but less than 4 years, and

(d) the person has not previously been released from prison on licence in respect of that sentence.

(3) This paragraph also applies to a person if—

(a) the person has been convicted of an offence committed before 4 April 2005,

(b) the person is serving a sentence of imprisonment imposed in respect of that offence on or after 1 October 1992,

(c) that sentence is for a term of 12 months or more,

(d) the person has been released on licence under Part 2 of the 1991 Act, and

(e) the person has been recalled before 14 July 2008 (and has not been recalled after that date).

(4) But this paragraph does not apply if the person has been released and recalled more than once.

(5) Nor does this paragraph apply if—

(a) the person is serving a section 85 extended sentence, or

(b) the court by which the person was sentenced ordered that section 86 of the Sentencing Act (extension of periods in custody and on licence in the case of certain sexual offences) should apply.

(6) If a person has been—

(a) released under section 34A of the 1991 Act or section 246 (home detention curfew), and

(b) recalled under section 38A(1)(b) of the 1991 Act or section 255(1)(b) (no longer possible to monitor curfew),

the release and recall are to be disregarded for the purposes of this paragraph.

17 (1) Where a person to whom paragraph 16 applies is released on licence under section 244 or paragraph 5 or 6, the licence shall remain in force until the date on which the person would (but for the release) have served three-quarters of the sentence.

(2) Sub-paragraph (1) is subject to any revocation under section 254.

(3) Sub-paragraphs (1) and (2) apply in place of section 249 (duration of licence).

Period for which licence to remain in force: section 85 extended sentence prisoners

18 This paragraph applies to a person who—

(a) has been convicted of an offence committed on or after 30 September 1998 but before 4 April 2005,

(b) is serving a section 85 extended sentence imposed in respect of that offence, and

(c) has not previously been released from prison on licence in respect of that sentence.

19 (1) Where a person to whom paragraph 18 applies is released on licence and the custodial term is less than 12 months, the licence shall remain in force until the end of the period found by adding—

(a) one-half of the custodial term, and

(b) the extension period.

(2) Where a person to whom paragraph 18 applies is released on licence and the custodial term is 12 months or more, the licence shall remain in force until the end of the period found by adding—

(a) three-quarters of the custodial term, and

(b) the extension period.

(3) Sub-paragraphs (1) and (2) are subject to any revocation under section 254.

(4) Sub-paragraphs (1) to (3) apply in place of section 249 (duration of licence).

Concurrent or consecutive terms

20 Paragraphs 21 and 22 apply where a person (“P”) is serving two or more sentences of imprisonment imposed on or after 1 October 1992 and—

(a) the sentences were passed on the same occasion, or

(b) where they were passed on different occasions, the person has not been released under Part 2 of the 1991 Act or under this Chapter at any time during the period beginning with the first and ending with the last of those occasions.

21 (1) This paragraph applies if each of the sentences is a 1991 Act sentence.

(2) Sections 263 and 264 (consecutive and concurrent terms) do not apply in relation to the sentences.

(3) For the purposes of any reference in this Chapter, however expressed, to the term of imprisonment to which P has been sentenced or which, or part of which, P has served, the terms are to be treated as a single term.

(4) If one or more of the sentences is a section 85 extended sentence—

(a) for the purpose of determining the single term mentioned in sub-paragraph (3), the extension period or periods is or are to be disregarded, and

(b) the period for which P is to be on licence in respect of the single term is to be increased in accordance with sub-paragraph (5).

(5) That period is to be increased—

(a) if only one of the sentences is a section 85 extended sentence, by the extension period;

(b) if there is more than one such sentence and they are wholly or partly concurrent, by the longest of the extension periods;

(c) if there is more than one such sentence and they are consecutive, by the aggregate of the extension periods.

22 (1) This paragraph applies where two or more sentences are to be served consecutively on each other and—

(a) one or more of those sentences is a 1991 Act sentence, and

(b) one or more of them is a 2003 Act sentence.

(2) Section 264 does not affect the length of the period which P must serve in prison in respect of the 1991 Act sentence or sentences.

(3) Nothing in this Chapter requires the Secretary of State to release P until P has served a period equal in length to the aggregate of the length of the periods which P must serve in relation to each of the sentences mentioned in sub-paragraph (1).

(4) If P is also serving one or more 1967 Act sentences, paragraphs 32 and 33 apply instead of this paragraph.

Part 3 Prisoners serving 1967 Act sentences

23 (1) This Part applies to certain persons serving a 1967 Act sentence.

(2) But this Part does not apply to a person who—

(a) has been released on licence,

(b) has been recalled to prison, and

(c) (whether or not having returned to custody in consequence of that recall) is unlawfully at large on the commencement date.

(3) In this Part, references to release under Part 2 of the 1991 Act include release under section 60 of the 1967 Act.

Sentence of more than 12 months imposed before 1 October 1992

24 (1) This paragraph applies to a person if—

(a) the person is serving a sentence of imprisonment imposed before 1 October 1992,

(b) the sentence is for a term of more than 12 months, and

(c) the person has not previously been released from prison on licence in respect of that sentence.

(2) This paragraph also applies to a person if—

(a) the person is serving a sentence of imprisonment imposed before 1 October 1992,

(b) the sentence is for a term of more than 12 months,

(c) the person has been released on licence under Part 2 of the 1991 Act, and

(d) the person has been recalled before 14 July 2008 (and has not been recalled after that date).

(3) But this paragraph does not apply if, on the passing of the sentence, an extended sentence certificate was issued (see paragraph 27).

(4) If a person has been—

(a) released under section 34A of the 1991 Act or section 246 (home detention curfew), and

(b) recalled under section 38A(1)(b) of the 1991 Act or section 255(1)(b) (no longer possible to monitor curfew),

the release and recall are to be disregarded for the purposes of this paragraph.

25 (1) It is the duty of the Secretary of State to release a person unconditionally under this paragraph—

(a) in the case of a person falling within paragraph 24(1), as soon as the person has served two-thirds of the sentence;

(b) in the case of a person falling within paragraph 24(2), as soon as the person would (but for the earlier release) have served two-thirds of the sentence.

(2) After a person falling within paragraph 24(1) has served one-third of the sentence or six months, whichever is longer, the Secretary of State must, if directed to do so by the Board, release the person on licence under this paragraph.

(3) The Board must not give a direction under sub-paragraph (2) unless the Board is satisfied that it is no longer necessary for the protection of the public that the person should be confined.

(4) Sub-paragraphs (1) to (3) apply in place of section 244 (release on licence of prisoners serving 12 months or more).

26 (1) Where a person to whom paragraph 24 applies is released on licence under paragraph 25, the licence shall remain in force until the date on which the person would (but for the release) have served two-thirds of the sentence.

(2) Sub-paragraph (1) is subject to any revocation under section 254.

(3) Sub-paragraphs (1) and (2) apply in place of section 249 (duration of licence).

Extended sentence of more than 12 months imposed before 1 October 1992

27 (1) This paragraph applies to a person if—

(a) the person is serving a sentence of imprisonment imposed before 1 October 1992,

(b) the sentence is for a term of more than 12 months,

(c) on the passing of the sentence an extended sentence certificate was issued, and

(d) the person has not previously been released from prison on licence in respect of that sentence.

(2) This paragraph also applies to a person if—

(a) the person is serving a sentence of imprisonment imposed before 1 October 1992,

(b) the sentence is for a term of more than 12 months,

(c) on the passing of the sentence an extended sentence certificate was issued,

(d) the person has been released on licence under Part 2 of the 1991 Act, and

(e) the person has been recalled before 14 July 2008 (and has not been recalled after that date).

(3) In this paragraph “extended sentence certificate” means a certificate was issued under section 28 of the Powers of Criminal Courts Act 1973 (punishment of persistent offenders) stating that an extended term of imprisonment was imposed on the person under that section.

28 (1) It is the duty of the Secretary of State to release a person to whom paragraph 27 applies on licence under this paragraph—

(a) in the case of a person falling within paragraph 27(1), as soon as the person has served two-thirds of the sentence;

(b) in the case of a person falling within paragraph 27(2), as soon as the person would (but for the earlier release) have served two-thirds of the sentence.

(2) After a person falling within paragraph 27(1) has served one-third of the sentence or six months, whichever is longer, the Secretary of State must, if directed to do so by the Board, release the person on licence under this paragraph.

(3) The Board must not give a direction under sub-paragraph (2) unless the Board is satisfied that it is no longer necessary for the protection of the public that the person should be confined.

(4) Sub-paragraphs (1) to (3) apply in place of section 244 (release on licence of prisoners serving twelve months or more).

Additional days

29 (1) Prison rules made by virtue of section 257 may include provision for applying any provisions of this Chapter, in relation to any person falling within sub-paragraph (2), as if the person had been awarded such number of additional days as may be determined by or under the rules.

(2) A person falls within this sub-paragraph if—

(a) the person was released on licence under section 60 of the 1967 Act before 1 October 1992 and the licence was in force on that date, or

(b) the person was, on that date, serving a custodial sentence,

and (in either case) the person has forfeited any remission of the sentence.

Concurrent or consecutive terms

30 Paragraphs 31 to 33 apply where a person (“P”) is serving two or more sentences of imprisonment and—

(a) the sentences were passed on the same occasion, or

(b) where they were passed on different occasions, the person has not been released under Part 2 of the 1991 Act or under this Chapter at any time during the period beginning with the first and ending with the last of those occasions.

31 (1) This paragraph applies where each of the sentences is a 1967 Act sentence.

(2) Sections 263 and 264 (consecutive and concurrent terms) do not apply in relation to the sentences.

(3) For the purposes of any reference in this Chapter, however expressed, to the term of imprisonment to which P has been sentenced or which, or part of which, P has served, the terms are to be treated as a single term.

32 (1) This paragraph applies where—

(a) one or more of the sentences is a 1967 Act sentence, and

(b) one or more of them is a 1991 Act sentence.

(2) Sections 263 and 264 (consecutive and concurrent terms) do not apply in relation to the sentences mentioned in sub-paragraph (1).

(3) For the purposes of any reference in this Chapter, however expressed, to the term of imprisonment to which P has been sentenced or which, or part of which, P has served—

(a) the terms mentioned in sub-paragraph (1) are to be treated as a single term, and

(b) that single term is to be treated as if it were a 1967 Act sentence.

(4) If one or more of the sentences is a section 85 extended sentence—

(a) for the purpose of determining the single term mentioned in sub-paragraph (3), the extension period or periods is or are to be disregarded, and

(b) the period for which P is to be on licence in respect of the single term is to be increased in accordance with sub-paragraph (5).

(5) That period is to be increased—

(a) if only one of the sentences is a section 85 extended sentence, by the extension period;

(b) if there is more than one such sentence and they are wholly or partly concurrent, by the longest of the extension periods;

(c) if there is more than one such sentence and they are consecutive, by the aggregate of the extension periods.

(6) If P is also serving a 2003 Act sentence, sub-paragraph (3) is to be applied before the period mentioned in section 263(2)(c) (concurrent terms) or paragraph 33(3) (consecutive terms) is calculated.

33 (1) This paragraph applies where two or more sentences are to be served consecutively on each other and—

(a) one or more of those sentences is a 1967 Act sentence, and

(b) one or more of them is a 2003 Act sentence.

(2) Section 264 does not affect the length of the period which P must serve in prison in respect of the 1967 Act sentence or sentences.

(3) Nothing in this Chapter requires the Secretary of State to release P until P has served a period equal in length to the aggregate of the length of the periods which P must serve in relation to each of the sentences mentioned in sub-paragraph (1).

Part 4 Provisions applying generally Licence conditions

34 (1) This paragraph applies to any licence (a “Parole Board licence”) which falls within sub-paragraph (2) or (3).

(2) A licence falls within this sub-paragraph if—

(a) it is or was granted to a person (“P”) on P’s release (at any time) on the recommendation or direction of the Board, and

(b) P has not been released otherwise than on such a recommendation or direction.

(3) A licence falls within this sub-paragraph if—

(a) it is or was granted to a person (“P”) on P’s release (at any time), and

(b) condition A or condition B is met.

(4) Condition A is that, before 2 August 2010, the Board exercised the function under section 37(5) of the 1991 Act of making recommendations as to any condition to be included or inserted as a condition in a licence granted to P (including by making a recommendation that no condition should be included in such a licence).

(5) Condition B is that, before 2 August 2010—

(a) P was released on licence under section 33(2), (3) or (3A) or 35(1) of the 1991 Act, and

(b) the Board exercised the function under section 37(5) of that Act of—

(i) making recommendations as to the inclusion or insertion of a condition in a licence granted to P (including by making a recommendation that no condition should be included in such a licence), or

(ii) making recommendations as to the variation or cancellation of any such condition (including a recommendation that the condition should not be varied or cancelled).

(6) The Secretary of State must not—

(a) include on release, or subsequently insert, a condition in a Parole Board licence, or

(b) vary or cancel any such condition,

except in accordance with directions of the Board.

Fine defaulters and contemnors

35 (1) This paragraph applies to any person if—

(a) the person has been committed to prison or to be detained under section 108 of the Sentencing Act—

(i) in default of payment of a sum adjudged to be paid by a conviction, or

(ii) for contempt of court or any kindred offence,

(b) the person was so committed or detained before 4 April 2005, and

(c) the term for which the person was committed or detained is 12 months or more.

(2) As soon as a person to whom this paragraph applies has served two-thirds of the term, it is the duty of the Secretary of State to release the person unconditionally.

(3) Sub-paragraph (2) applies in place of section 258(2) (early release of fine defaulters and contemnors).

Early removal of prisoners liable to removal from UK

36 (1) This paragraph applies to any person who—

(a) has served one-half of a sentence of imprisonment, and

(b) has not been released on licence under this Chapter.

(2) The reference in sub-paragraph (1)(a) to one-half of a sentence is—

(a) in the case of a section 85 extended sentence, a reference to one-half of the custodial term;

(b) in the case of an extended sentence imposed under section 227 or 228, a reference to one-half of the appropriate custodial term.

37 (1) If a person to whom paragraph 36 applies—

(a) is liable to removal from the United Kingdom, and

(b) has not been removed from prison under section 260 during the period mentioned in subsection (1) of that section,

the Secretary of State may remove the person from prison under that section at any time after the end of that period.

(2) Sub-paragraph (1) applies whether or not the Board has directed the person’s release under paragraph 6, 15, 25 or 28.””

Clause 116

LORD RAMSBOTHAM

LORD THOMAS OF GRESFORD

179BZA

Page 95, line 27, leave out “not”

LORD THOMAS OF GRESFORD

179BZB

Page 95, leave out lines 29 and 30 and insert—

“(b) the Board is satisfied, on the basis of clear and compelling evidence which post-dates P’s conviction, that there is a strong and immediate probability that P will commit a serious violent or sexual offence on release”

LORD RAMSBOTHAM

179BZC

Page 95, leave out lines 29 and 30 and insert—

“(b) the Board is satisfied, on the basis of clear and compelling evidence, that there is a strong and immediate probability that the prisoner will commit a specified violent or sexual offence on release”

LORD RAMSBOTHAM

LORD THOMAS OF GRESFORD

179BZD

Page 95, line 30, at end insert—

“( ) Where the Board declines to direct release in accordance with subsection (6) it is the duty of the Secretary of State to demonstrate that provision has been made for P to undergo relevant programmes with a view to reducing the risk of future offending.”

LORD DHOLAKIA

179BA

Page 95, line 40, leave out “two-thirds” and insert “half”

Clause 117

LORD MCNALLY

179C

Page 96, line 3, leave out “an IPP prisoner or an extended sentence prisoner” and insert “a discretionary release prisoner”

179D

Page 96, line 8, at end insert—

“(1A) “Discretionary release prisoner” means—

(a) an IPP prisoner,

(b) an extended sentence prisoner, or

(c) a person to whom paragraph 4, 15, 24 or 27 of Schedule 20B to the Criminal Justice Act 2003 (determinate sentence prisoners subject to transitional provisions) applies.”

179E

Page 96, line 13, at end insert—

“( ) amend paragraph 6, 15, 25 or 28 of Schedule 20B to the Criminal Justice Act 2003 (release on licence of determinate sentence prisoners subject to transitional provisions),”

179F

Page 96, line 18, leave out “IPP prisoners and extended sentence prisoners” and insert “each of the categories of discretionary release prisoner mentioned in subsection (1A)”

LORD RAMSBOTHAM

LORD GOODHART

LORD LLOYD OF BERWICK

LORD JUDD

180

Page 96, line 21, leave out subsections (3) and (4) and insert—

“( ) The Secretary of State shall within three months of enactment report to both Houses of Parliament that plans have been made for the release of all current IPP prisoners.”

LORD RAMSBOTHAM

 

Lord Ramsbotham gives notice of his intention to oppose the Question that Clause 117 stand part of the Bill.

After Clause 117

BARONESS ROYALL OF BLAISDON

LORD BACH

LORD BEECHAM

180A

Insert the following new Clause—

“Disclosure of information about convictions etc. of violent abusers to members of the public

(1) The responsible authority for each area must, in the course of discharging its functions under arrangements established under section 325 of the Criminal Justice Act 2003, consider whether to disclose information in its possession about the relevant previous convictions of any violent abuser managed by it to any person deemed by the authority to be at risk.

(2) In the case mentioned in subsection (3) there is a presumption that the responsible authority should disclose information in its possession about the relevant previous convictions of the offender to the particular member of the public.

(3) The case is where the responsible authority for the area has reasonable cause to believe that—

(a) a serial violent abuser managed by it poses a risk in that or any other area of causing serious harm to a particular at risk person, and

(b) disclosure of information about the relevant previous conviction of the offender to the particular member of the public is necessary for the purpose of protecting the at risk person from serious harm caused by the offender.

(4) The presumption under subsection (2) arises if the person to whom the information is disclosed requests the disclosure.

(5) Where the responsible authority makes a disclosure under this section—

(a) it may disclose such information about the relevant previous convictions of the offender as it considers appropriate to disclose to the member of the public concerned, and

(b) it may impose conditions for preventing the member of public concerned from disclosing the information to any other persons.

(6) Any disclosure under this section must be made as soon as is reasonably practical having regard to all the circumstances.

(7) The responsible authority for each area must compile and maintain a record about the decisions it makes in relation to the discharge of its functions under this section.

(8) The record must include the following information—

(a) the reasons for making a decision to disclose information under this section,

(b) the reasons for making a decision not to disclose information under this section, and

(c) the information which is disclosed under this section, any conditions imposed in relation to its further disclosure and the name and address of the person to whom it is disclosed.

(9) Nothing in this section requires or authorises the making of a disclosure which contravenes the Data Protection Act 1998.

(10) This section is not to be taken as affecting any power of any person to disclose any information about a violent abuser.”

180B

Insert the following new Clause—

“Disclosure of information about convictions etc. of violent abusers to members of the public: interpretation

(1) This section applies for the purposes of section (Disclosure of information about convictions etc. of violent abusers to members of the public).

(2) “At risk person” means a person deemed by the responsible authority to be at risk because of a proximate relationship to a person with a history of violent abuse.

(3) “Violent abuse” means any offences falling within the parameters of section 224 of the Criminal Justice Act 2003 committed against a person with whom the offender enjoyed a proximate relationship.

(4) “Violent abuser” means any person who—

(a) has been convicted of an offence covered by subsection (3),

(b) has been found not guilty of such an offence by reason of insanity,

(c) has been found to be under a disability and to have done the act charged against the person in respect of such an offence, or

(d) has been cautioned in respect of such an offence.

(5) “Responsible authority” is used in relation to any area and means the chief officer of police, the local probation board for that area, or (if there is no local probation board for that area) a relevant provider of probation service and the Minister of the Crown exercising functions in relation to prisons, acting jointly.

(6) In relation to a responsible authority, references to information about the relevant previous convictions of a violent abuser are references to information about—

(a) convictions, findings and cautions mentioned in subsection (4)(a) to (d) which relate to the offender, and

(b) anything under the law of any country or territory outside England and Wales which in the opinion of the responsible authority corresponds to any conviction, finding or caution with paragraph (a) (however described).

(7) References to serious harm caused by a violent abuser are references to serious physical or psychological harm caused by the offender committing any offence against another person with whom they enjoy a proximate relationship.

(8) References to a proximate relationship are references to a person who is associated with the victim as established under section 177(1)(a) of the Housing Act 1996.

(9) A responsible authority for any area manages a violent abuser if the offender is a person who poses a risk in that area which falls to be managed by the authority under the arrangements established by it under section 325 of the Criminal Justice Act 2003.

(10) For the purposes of this section the provisions of section 4 of, and paragraph 3 of Schedule 2 to, the Rehabilitation of Offenders Act 1974 (protection for spent convictions and cautions) are to be disregarded.

(11) In this section “cautioned”, in relation to any person and any offence, means—

(a) cautioned after the person has admitted the offence, or

(b) reprimanded or warned within the meaning given by section 65 of the Crime and Disorder Act 1998.

(12) Section 135(1), (2)(a) and (c) and (3) of the Sexual Offences Act 2003 (mentally disordered offenders) apply for the purposes of this section as they apply for the purposes of Part 2 of that Act.”

Clause 118

LORD RIX

LORD RAMSBOTHAM

LORD JUDD

LORD WIGLEY

181

Page 97, line 7, at end insert—

“(c) the availability of support to carry out employment; and

(d) the availability of support to understand the terms of employment in prison.”

LORD RAMSBOTHAM

181A*

Page 97, line 7, at end insert—

“(c) arrangements for private companies to provide employment and training for persons who are required to be detained in prisons, young offender institutions and secure training centres;

(d) the provision of resources for vocational training and skills training for persons who are required to be detained in prisons, young offender institutions and secure training centres; and

(e) arrangements designed to ensure that all work carried out by prisoners provides them with nationally recognised qualifications, provides opportunities for learning and skills progression, and is evaluated for learning and employability outcomes.”

LORD RIX

LORD RAMSBOTHAM

LORD WIGLEY

182

Page 97, line 19, at end insert—

“(c) the availability of support to carry out employment; and

(d) the availability of support to understand the terms of employment in prison.”

After Clause 118

LORD RAMSBOTHAM

182ZA

Insert the following new Clause—

“Benefits payments to prisoners

(1) Regulations shall provide that a person undergoing imprisonment or detention in legal custody who, at the time that imprisonment or custody commences, is in receipt of any of the qualifying benefits, shall be assessed, during his or her time in imprisonment or custody, for eligibility for those benefits at the time of his or her imprisonment or custody.

(2) For the purposes of this section, the qualifying benefits are—

(a) universal credit;

(b) jobseeker’s allowance;

(c) income support;

(d) personal independence payment, to the extent provided for in regulations made under section 84 (prisoners) of the Welfare reform Act 2012; and

(e) any other benefits provided for in regulations made under this section.

(3) Regulations made under this section shall provide that the assessment required under subsection (1) shall commence as soon as a person is received into imprisonment or custody.

(4) Regulations shall in particular provide that a person appointed by the Secretary of State shall record, at the time a person is received into imprisonment or custody, details of any qualifying benefits which are in payment at that time, together with any personal information needed to establish the person’s identity, including but not limited to their national insurance number.

(5) An assessment of eligibility under subsection (1) shall be completed in such time as to ensure that the person assessed receives payment of any benefits for which he is assessed as being eligible no later than one week after his release from imprisonment or custody.

(6) Regulations under this section shall be made by the Secretary of State and shall be subject to the affirmative resolution procedure.”

Clause 120

LORD MCNALLY

182ZB

Page 101, line 9, at end insert—

“(2A) The relevant Minister may issue a transit order where—

(a) international arrangements apply to any of the Channel Islands or the Isle of Man which provide for the transfer between that island and a country or territory outside the British Islands of persons to whom subsection (2B) applies; and

(b) the relevant Minister has received a request from the appropriate authority of that island for the transit of a person to whom subsection (2B) applies through a part of Great Britain.

(2B) A person falls within this subsection if—

(a) that person is for the time being required to be detained in a prison, a hospital or any other institution either—

(i) by virtue of an order made in the course of the exercise of its criminal jurisdiction by a court or tribunal in the island from which the transit request is made; or

(ii) by virtue of any provisions of the law of that island which are similar to any of the provisions of this Act; and

(b) except in a case where a transit request is made in the circumstances described in section 6D(1), that person is present in that island.”

182ZC

Page 101, line 10, after “(2)(a)” insert “or (2B)(a)”

182ZD

Page 101, line 14, after “(1)(b)” insert “or (2A)(b)”

182ZE

Page 101, line 23, at end insert “or (2A)(b)”

182ZF

Page 103, line 25, after “6A(2)(a)” insert “or (2B)(a)”

LORD BACH

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 120 stand part of the Bill.

After Clause 120

BARONESS GOULD OF POTTERNEWTON

BARONESS CORSTON

182A

Insert the following new Clause—

“Women’s Justice Strategy Commission

(1) There shall be body known as the Women’s Justice Strategy Commission for England and Wales (“the Commission”).

(2) The Commission shall consist of no less than 10 and no more than 20 members appointed by the Secretary of State.

(3) The members of the Commission—

(a) shall include persons representative of government departments and public bodies whose responsibilities have relevance to the treatment of female offenders and the prevention of offending by women (including, but not limited to, responsibilities for criminal justice, housing, education, employment, benefits, social services and health services), and

(b) shall work with specialists who have the experience and knowledge to provide the necessary expert advice.

(4) The Commission shall have the following functions, namely—

(a) to develop a strategy to reduce offending by women and for the delivery of appropriate and effective services to women in the criminal justice system,

(b) to monitor the extent to which the aims of that strategy are being met,

(c) to set standards with respect to the specification, commissioning and provision of services to women in the criminal justice system and services to reduce offending by women,

(d) to make grants, with the approval of the Secretary of State, to bodies to enable them to develop good practice in the provision of services to women in the criminal justice system and the prevention of offending by women.

(5) The Commission shall provide an annual report to Parliament relating to its discharge of the functions specified in subsection (4).”

LORD RAMSBOTHAM

182B

Insert the following new Clause—

“Women’s Justice Board

(1) There shall be body corporate known as the Women’s Justice Board for England and Wales (“the Board”).

(2) The Board shall consist of 10, 11 or 12 members appointed by the Secretary of State.

(3) The members of the Board shall include persons who appear to the Secretary of State to have extensive recent experience of the treatment of female offenders and women at risk of offending.

(4) The Board shall have the following functions, namely—

(a) to develop a strategy to reduce offending by women and the delivery of appropriate and effective services to women in the criminal justice system,

(b) to monitor the extent to which the aims of that strategy are being met,

(c) to advise the Secretary of State on the operation of the criminal justice system in relation to women, the provision of services to women in the criminal justice system and the steps which might be taken to prevent offending by women,

(d) to set standards with respect to the specification, commissioning and provision of such services,

(e) to make grants, with the approval of the Secretary of State, to bodies to enable them to develop good practice in the provision of services to women in the criminal justice system and the prevention of offending by women.

(5) The Board shall provide an annual report to Parliament relating to its discharge of the functions specified in subsection (4).”

182C

Insert the following new Clause—

“Treatment of women in the criminal justice system

(1) The Secretary of State shall—

(a) in each year, publish a strategy designed to promote the just and appropriate treatment of women in the criminal justice system, and

(b) appoint a person with responsibility for leading and co-ordinating the implementation of that strategy.

(2) Publication under subsection (1)(a) shall be effected in such manner as the Secretary of State considers appropriate for the purpose of bringing the strategy to the attention of persons engaged in the administration of criminal justice and of the public.”

Clause 121

LORD BACH

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 121 stand part of the Bill.

Clause 122

LORD RIX

LORD RAMSBOTHAM

LORD JUDD

LORD WIGLEY

183

Page 104, line 17, at end insert—

“( ) In section 23(4) (the authorised person explains the effect of the conditional caution to the offender and warms him that failure to comply with any of the conditions attached to the caution will result in his being prosecuted for the offence) after “explains the effect of the conditional caution” insert “in a way which is easily understood by the offender and, if necessary, with support including, but not limited to, an appropriate adult”.

( ) After section 23(5) (the offender signs a document which contains details of the offence, an admission by him that he committed the offence, his consent to being given the conditional caution and the conditions attached to the caution) insert—

“(6) The sixth requirement is that reasonable efforts and adjustments are made to ensure that the offender is able to comply with the conditions attached to the caution.””

Clause 124

LORD RIX

LORD RAMSBOTHAM

LORD JUDD

LORD WIGLEY

184

Page 105, line 37, leave out “ordinary language” and insert “in an accessible way that may include, but will not be limited to, simple use of language”

185

Page 105, line 40, at end insert—

“(c) where that person requires support to communicate or understand the process, the appropriate adult.”

LORD BACH

LORD BEECHAM

185A

Page 106, line 12, at end insert—

“(6A) Within three years of the commencement of this section, the Secretary of State must review and report to Parliament on the operation of youth cautions, in particular, the use of appropriate adults in the cautionary processes and whether it should be extended to 18 year olds.

(6B) At any point following a report being made under subsection (6A), the Secretary of State may by order extend the appropriate adult provisions in this section to a person given a youth caution, where that person is under the age of 18.”

LORD MCNALLY

185B

Page 107, line 29, after “instrument” insert “(whenever passed or made)”

185C

Page 107, line 36, after “instrument” insert “(whenever passed or made)”

185D

Page 107, line 36, leave out “66ZA” and insert “66ZB”

Schedule 21

LORD MCNALLY

185E

Page 228, line 21, at end insert—

“Terrorism Prevention and Investigation Measures Act 2011 (c. 23)

30 In Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 (fingerprints and samples), in paragraph 10(1)(a) (circumstances when an individual is to be treated as having been convicted of an offence)—

(a) at the end of sub-paragraph (ii) insert “or”, and

(b) omit sub-paragraph (iv) and the “or” preceding that sub-paragraph.”

After Clause 127

LORD MCNALLY

185F

Insert the following new Clause—

“CHAPTER 7A Rehabilitation of offenders

Establishment or alteration of rehabilitation periods

(1) The Rehabilitation of Offenders Act 1974 is amended as follows.

(2) In section 5(1)(b) and (d) (sentences excluded from rehabilitation) for “thirty months” substitute “forty eight months”.

(3) In the opening words of section 5(1A) (references to provisions of the Armed Forces Act 2006) for “subsection (1)(d)” substitute “this section”.

(4) For section 5(2) to (11) (rehabilitation periods) substitute—

“(2) For the purposes of this Act and subject to subsections (3) and (4), the rehabilitation period for a sentence is the period—

(a) beginning with the date of the conviction in respect of which the sentence is imposed, and

(b) ending at the time listed in the following Table in relation to that sentence:

Sentence End of rehabilitation period for adult offenders End of rehabilitation period for offenders under 18 at date of conviction
A custodial sentence of more than 30 months and up to, or consisting of, 48 months The end of the period of 7 years beginning with the day on which the sentence (including any licence period) is completed The end of the period of 42 months beginning with the day on which the sentence (including any licence period) is completed
A custodial sentence of more than 6 months and up to, or consisting of, 30 months The end of the period of 48 months beginning with the day on which the sentence (including any licence period) is completed The end of the period of 24 months beginning with the day on which the sentence (including any licence period) is completed
A custodial sentence of 6 months or less The end of the period of 24 months beginning with the day on which the sentence (including any licence period) is completed The end of the period of 18 months beginning with the day on which the sentence (including any licence period) is completed
Removal from Her Majesty’s service The end of the period of 12 months beginning with the date of the conviction in respect of which the sentence is imposed The end of the period of 6 months beginning with the date of the conviction in respect of which the sentence is imposed
A sentence of service detention The end of the period of 12 months beginning with the day on which the sentence is completed The end of the period of 6 months beginning with the day on which the sentence is completed
A fine The end of the period of 12 months beginning with the date of the conviction in respect of which the sentence is imposed The end of the period of 6 months beginning with the date of the conviction in respect of which the sentence is imposed
A compensation order The date on which the payment is made in full The date on which the payment is made in full
A community or youth rehabilitation order The end of the period of 12 months beginning with the day provided for by or under the order as the last day on which the order is to have effect The end of the period of 6 months beginning with the day provided for by or under the order as the last day on which the order is to have effect
A relevant order The day provided for by or under the order as the last day on which the order is to have effect The day provided for by or under the order as the last day on which the order is to have effect

(3) Where no provision is made by or under a community or youth rehabilitation order or a relevant order for the last day on which the order is to have effect, the rehabilitation period for the order is to be the period of 24 months beginning with the date of conviction.

(4) There is no rehabilitation period for—

(a) an order discharging a person absolutely for an offence, or

(b) any other sentence in respect of a conviction where the sentence is not dealt with in the Table or under subsection (3),

and, in such cases, references in this Act to any rehabilitation period are to be read as if the period of time were nil.

(5) See also—

(a) section 8AA (protection afforded to spent alternatives to prosecution), and

(b) Schedule 2 (protection for spent cautions).

(6) The Secretary of State may by order amend column 2 or 3 of the Table or the number of months for the time being specified in subsection (3).

(7) For the purposes of this section—

(a) consecutive terms of imprisonment or other custodial sentences are to be treated as a single term,

(b) terms of imprisonment or other custodial sentences which are wholly or partly concurrent (that is terms of imprisonment or other custodial sentences imposed in respect of offences of which a person was convicted in the same proceedings) are to be treated as a single term,

(c) no account is to be taken of any subsequent variation, made by a court dealing with a person in respect of a suspended sentence of imprisonment, of the term originally imposed,

(d) no account is to be taken of any subsequent variation of the day originally provided for by or under an order as the last day on which the order is to have effect,

(e) no account is to be taken of any detention or supervision ordered by a court under section 104(3) of the Powers of Criminal Courts (Sentencing) Act 2000,

(f) a sentence imposed by a court outside England and Wales is to be treated as the sentence mentioned in this section to which it most closely corresponds.

(8) In this section—

“community or youth rehabilitation order” means—

(a) a community order under section 177 of the Criminal Justice Act 2003,

(b) a service community order or overseas community order under the Armed Forces Act 2006,

(c) a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008, or

(d) any order of a kind superseded (whether directly or indirectly) by an order mentioned in paragraph (a), (b) or (c),

“custodial sentence” means—

(a) a sentence of imprisonment,

(b) a sentence of detention in a young offender institution,

(c) a sentence of Borstal training,

(d) a sentence of youth custody,

(e) a sentence of corrective training,

(f) a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 209 of the Armed Forces Act 2006,

(g) a detention and training order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 or an order under section 211 of the Armed Forces Act 2006,

(h) any sentence of a kind superseded (whether directly or indirectly) by a sentence mentioned in paragraph (f) or (g),

“earlier statutory order” means—

(a) an order under section 54 of the Children and Young Persons Act 1933 committing the person convicted to custody in a remand home,

(b) an approved school order under section 57 of that Act, or

(c) any order of a kind superseded (whether directly or indirectly) by an order mentioned in any of paragraphs (c) to (e) of the definition of “relevant order” or in paragraph (a) or (b) above,

“relevant order” means—

(a) an order discharging a person conditionally for an offence,

(b) an order binding a person over to keep the peace or be of good behaviour,

(c) an order under section 1(2A) of the Street Offences Act 1959,

(d) a hospital order under Part 3 of the Mental Health Act 1983 (with or without a restriction order),

(e) a referral order under section 16 of the Powers of Criminal Courts (Sentencing) Act 2000,

(f) an earlier statutory order, or

(g) any order which imposes a disqualification, disability, prohibition or other penalty and is not otherwise dealt with in the Table or under subsection (3),

but does not include a reparation order under section 73 of the Powers of Criminal Courts (Sentencing) Act 2000,

“removal from Her Majesty’s service” means a sentence of dismissal with disgrace from Her Majesty’s service, a sentence of dismissal from Her Majesty’s service or a sentence of cashiering or discharge with ignominy,

“sentence of imprisonment” includes a sentence of penal servitude (and “term of imprisonment” is to be read accordingly),

“sentence of service detention” means—

(a) a sentence of service detention (within the meaning given by section 374 of the Armed Forces Act 2006), or a sentence of detention corresponding to such a sentence, in respect of a conviction in service disciplinary proceedings, or

(b) any sentence of a kind superseded (whether directly or indirectly) by a sentence mentioned in paragraph (a).”

(5) In section 6 (subsequent convictions to extend the rehabilitation period applicable to a conviction)—

(a) in subsection (5) (exception to rule for certain orders imposing disqualifications etc.) for “in accordance with section 5(8) above” substitute “by virtue of paragraph (g) of the definition of “relevant order” in section 5(8) above”, and

(b) omit subsection (6) (other exceptions to the rule).

(6) After section 8A (protection afforded to spent cautions) insert—

“8AA Protection afforded to spent alternatives to prosecution

(1) The following provisions of this Act apply, with the modifications specified in subsection (3), to a spent alternative to prosecution as they apply to a spent caution—

(a) section 9A (unauthorised disclosure of spent cautions), and

(b) paragraphs 2 to 6 of Schedule 2 (protection relating to spent cautions and ancillary circumstances).

(2) An alternative to prosecution becomes spent for the purposes of this Act when it becomes spent under the law of Scotland.

(3) The modifications mentioned in subsection (1) are—

(a) references to cautions are to be read as references to alternatives to prosecution (and references to cautioned are to be read accordingly),

(b) references to the offence which was the subject of the caution are to be read as references to the offence in respect of which the alternative to prosecution was given,

(c) paragraphs (e) and (f) of paragraph 2(1) of Schedule 2 are to be read as if they were—

“(e) anything done or undergone in pursuance of the terms of the alternative to prosecution,”,

(d) references to cautions for an offence are to be read as references to alternatives to prosecution in respect of an offence, and

(e) the reference in paragraph 5 of Schedule 2 to the rehabilitation period applicable to the caution is to be read as a reference to the time at which the alternative to prosecution becomes spent.

(4) In this section “alternative to prosecution” has the same meaning as in section 8B as that section has effect in the law of Scotland but disregarding subsection (1)(f) of that section.”

(7) In paragraph 1 of Schedule 2 (protection for spent cautions)—

(a) in sub-paragraph (1)(a) (when conditional cautions to be regarded as spent cautions) for “, at the end of the relevant period for the caution;” substitute “—

(i) at the end of the period of three months from the date on which the caution is given, or

(ii) if earlier, when the caution ceases to have effect; and”, and

(b) omit sub-paragraphs (2) and (3) (meaning of “the relevant period for the caution”).”

LORD DHOLAKIA

[Amendments 185FA to 185FD are amendments to Amendment 185F]

185FA*

Line 7, leave out “forty-eight months” and insert “10 years”

185FB*

Line 19, at end insert—

“A custodial sentence of more than 48 months and up to, or consisting of, 10 years The end of the period of 7 years beginning with the day on which the sentence (including any licence period) is completed The end period of 42 months beginning with the date on which the sentence (including any licence period) is completed”

185FC*

Line 20, column 2, leave out “7” and insert “4”

185FD*

Line 20, column 3, leave out “42” and insert “24”

LORD MCNALLY

185G

Insert the following new Clause—

“No rehabilitation for certain immigration or nationality purposes

Before section 57 of the UK Borders Act 2007 (and after the italic cross-heading before that section) insert—

“56A No rehabilitation for certain immigration or nationality purposes

(1) Section 4(1), (2) and (3) of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation) do not apply—

(a) in relation to any proceedings in respect of a relevant immigration decision or a relevant nationality decision, or

(b) otherwise for the purposes of, or in connection with, any such decision.

(2) In this section—

“immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971,

“relevant immigration decision” means any decision, or proposed decision, of the Secretary of State or an immigration officer under or by virtue of the Immigration Acts, or rules made under section 3 of the Immigration Act 1971 (immigration rules), in relation to the entitlement of a person to enter or remain in the United Kingdom (including, in particular, the removal of a person from the United Kingdom, whether by deportation or otherwise),

“relevant nationality decision” means any decision, or proposed decision, of the Secretary of State under or by virtue of—

(a) the British Nationality Act 1981,

(b) the British Nationality (Hong Kong) Act 1990, or

(c) the Hong Kong (War Wives and Widows) Act 1996,

in relation to the good character of a person.

(3) The references in subsection (2) to the Immigration Acts and to the Acts listed in the definition of “relevant nationality decision” include references to any provision made under section 2(2) of the European Communities Act 1972, or of EU law, which relates to the subject matter of the Act concerned.””

185H

Insert the following new Clause—

“Transitional and consequential provision: Chapter 7A

(1) Section (Establishment or alteration of rehabilitation periods) applies in relation to convictions or (as the case may be) cautions before the commencement date (as well as in relation to convictions or cautions on or after that date).

(2) The Rehabilitation of Offenders Act 1974 applies in relation to convictions or cautions before the commencement date as if the amendments and repeals made by section (Establishment or alteration of rehabilitation periods) had always had effect.

(3) Where by virtue of subsection (2)—

(a) a person would, before the commencement date, have been treated for the purposes of the Act of 1974 as a rehabilitated person in respect of a conviction, or

(b) a conviction would, before that date, have been treated for the purposes of that Act as spent,

the person or conviction concerned is (subject to any order made by virtue of section 4(4) or 7(4)) to be so treated on and after that date.

(4) Where by virtue of subsection (2)—

(a) a person would, before the commencement date, have been treated as mentioned in paragraph 3(1) of Schedule 2 to the Act of 1974 in respect of a caution, or

(b) a caution would, before that date, have been treated for the purposes of that Act as spent,

the person or caution concerned is (subject to any order made by virtue of paragraph 4 or 6(1) and (4) of that Schedule to that Act) to be so treated on and after that date.

(5) But—

(a) no person who, immediately before the commencement date—

(i) is treated as a rehabilitated person for the purposes of the Act of 1974 in respect of a conviction, or

(ii) is treated as mentioned in paragraph 3(1) of Schedule 2 to that Act in respect of a caution, and

(b) no conviction or caution which, immediately before the commencement date, is treated for the purposes of that Act as spent,

is to cease to be so treated merely because of section (Establishment or alteration of rehabilitation periods).

(6) Section (Establishment or alteration of rehabilitation periods) does not apply in relation to alternatives to prosecution given before the commencement date.

(7) Section (No rehabilitation for certain immigration or nationality purposes) applies in relation to convictions before the commencement date (as well as in relation to convictions on or after that date).

(8) Section (No rehabilitation for certain immigration or nationality purposes) applies as mentioned in subsection (7) above whether or not, immediately before the commencement date—

(a) the person concerned is treated as a rehabilitated person for the purposes of the Act of 1974 in respect of the conviction, or

(b) the conviction is treated for the purposes of that Act as spent.

(9) But section (No rehabilitation for certain immigration or nationality purposes) does not affect—

(a) any proceedings begun, but not completed, before the commencement date,

(b) any applications for immigration or nationality decisions made, but not finally determined, before the commencement date, or

(c) the validity of any proceedings, or any relevant immigration or nationality decision (within the meaning of section 56A of the UK Borders Act 2007) which is made, before the commencement date.

(10) Schedule (Rehabilitation of offenders: consequential provision) (consequential provision) has effect.

(11) Any reference in this section to section (Establishment or alteration of rehabilitation periods) is to be read as including a reference to Schedule (Rehabilitation of offenders: consequential provision).

(12) In this section “the commencement date” means such day as may be specified by order of the Secretary of State made by statutory instrument; and different days may be specified for different purposes.”

Clause 128

LORD THOMAS OF GRESFORD

LORD DHOLAKIA

BARONESS LINKLATER OF BUTTERSTONE

LORD MACDONALD OF RIVER GLAVEN

186

Page 109, leave out lines 6 to 19

187

Page 110, leave out lines 15 to 28

LORD LLOYD OF BERWICK

 

Lord Lloyd of Berwick gives notice of his intention to oppose the Question that Clause 128 stand part of the Bill.

Before Schedule 22

LORD MCNALLY

187ZA

Insert the following new Schedule—

“Rehabilitation of Offenders: consequential provision Part 1 Rehabilitation of Offenders: general Rehabilitation of Offenders Act 1974: England and Wales

1 The Rehabilitation of Offenders Act 1974 is amended as follows.

2 In section 1(4)(a) (references in Act to a conviction) for “Great Britain” substitute “England and Wales”.

3 In section 2(5) (rehabilitation of persons dealt with in service disciplinary proceedings) for “Great Britain” substitute “England and Wales”.

4 Omit section 3 (special provision with respect to certain disposals by children’s hearings under the Social Work (Scotland) Act 1968).

5 In section 4(1)(a) (effect of rehabilitation) for “Great Britain” substitute “England and Wales”.

6 (1) Section 7 (limitations on rehabilitation under the Act) is amended as follows.

(2) In subsection (2)(a) for “Great Britain” substitute “England and Wales”.

(3) In subsection (3) for “Great Britain” substitute “England and Wales”.

7 Omit section 8(8) (defamation actions: application of section to Scotland).

8 In section 8A(2)(d) (definition of “caution”) after “Wales” insert “and which is not an alternative to prosecution (within the meaning of section 8AA)”.

9 (1) Section 9 (unauthorised disclosure of spent convictions) is amended as follows.

(2) In subsection (3) omit “(or, in Scotland, the accused person)”.

(3) In subsection (8) omit “, in England and Wales,”.

10 After section 10(1) (orders) insert—

“(1A) Any power of the Secretary of State to make an order under any provision of this Act includes power—

(a) to make different provision for different purposes, and

(b) to make incidental, consequential, supplementary, transitional, transitory or saving provision.

(1B) The power of the Secretary of State to make an order under section 5(6) includes power to make consequential provision which amends or repeals any provision of this Act or any other enactment.”

11 Omit Schedule 1 (service disciplinary convictions referred to in section 6(6)(bb) of that Act).

Rehabilitation of Offenders Act 1974: Scotland

12 The Rehabilitation of Offenders Act 1974 is amended as follows.

13 In section 1(4)(a) (references in Act to a conviction) for “Great Britain” substitute “Scotland”.

14 In section 2(5) (rehabilitation of persons dealt with in service disciplinary proceedings) for “Great Britain” substitute “Scotland”.

15 In section 4(1)(a) (effect of rehabilitation) for “Great Britain” substitute “Scotland”.

16 (1) Section 7 (limitations on rehabilitation under the Act) is amended as follows.

(2) In subsection (2)(a) for “Great Britain” substitute “Scotland”.

(3) In subsection (3) for “Great Britain” substitute “Scotland”.

17 (1) Section 9 (unauthorised disclosure of spent convictions) is amended as follows.

(2) In subsection (3) for “defendant (or, in Scotland, the accused person)” substitute “accused person”.

(3) Omit subsection (8).

Part 2 Rehabilitation of Offenders: consequential repeals
Short title Extent of repeal
Armed Forces Act 1976 In Schedule 9, paragraph 21.
Criminal Law Act 1977 In section 63(2), the words “Rehabilitation of Offenders Act 1974;”.
In Schedule 12, the entry relating to the Rehabilitation of Offenders Act 1974.
Magistrates’ Courts Act 1980 In Schedule 7, paragraph 134.
Armed Forces Act 1981 In Schedule 4, paragraph 2(2).
Criminal Justice Act 1982 In Schedule 14, paragraph 37.
Mental Health (Amendment) Act 1982 In Schedule 3, paragraph 49.
Mental Health Act 1983 In Schedule 4, paragraph 39.
Criminal Justice Act 1988 In Schedule 8, paragraph 9(b).
Children Act 1989 In Schedule 14, paragraph 36(7).
Criminal Justice Act 1991 In section 68, paragraph (c) (but not the word “and” at the end of the paragraph).
In Schedule 8, paragraph 5.
In Schedule 12, paragraph 22(2).
Criminal Justice and Public Order Act 1994 In Schedule 9, paragraph 11.
In Schedule 10, paragraph 30.
Armed Forces Act 1996 Section 13(3) and (4).
Schedule 4.
Crime and Disorder Act 1998 In Schedule 8, paragraph 35.
Youth Justice and Criminal Evidence Act 1999 In Schedule 4, paragraph 6.
Powers of Criminal Courts (Sentencing) Act 2000 In Schedule 9, paragraph 48(3) to (10).
In Schedule 11, paragraph 13.
Criminal Justice and Court Services Act 2000 In Schedule 7, paragraph 49.
Criminal Justice Act 2003 In Part 1 of Schedule 32, paragraph 18(3).
Armed Forces Act 2006 In Schedule 16, paragraphs 65(4) to (8) and 66.
Criminal Justice and Immigration Act 2008 In Part 1 of Schedule 4, paragraph 21.
In Schedule 10, paragraphs 2 and 5.
Policing and Crime Act 2009 Section 18(2).”

Schedule 22

187A

[Withdrawn]

LORD MCNALLY

187B

Page 230, line 8, leave out “1A” and insert “1A(5)”

187C

Page 230, line 10, leave out “139AA” and insert “139AA(7)”

187D

Page 230, line 34, at end insert—

“16A (1) Section 142A(4)(b) (purposes of sentencing: offenders under 18) is amended as follows.

(2) Before sub-paragraph (i) insert—

“(zi) section 1A(5) of the Prevention of Crime Act 1953 (minimum sentence for offence of threatening with offensive weapon in public),”.

(3) After sub-paragraph (i) insert—

“(ia) section 139AA(7) of the Criminal Justice Act 1988 (minimum sentence for offence of threatening with article with blade or point or offensive weapon),”.”

Clause 130

BARONESS MILLER OF CHILTHORNE DOMER

188

Page 111, line 39, at end insert—

“( ) The offence is not committed where the building has been empty for 6 months or more and where there are no significant steps being taken to refurbish, let or sell the building at the time of the trespass.”

LORD MCNALLY

188A

Page 112, line 15, at end insert—

“( ) In section 17 of the Police and Criminal Evidence Act 1984 (entry for purpose of arrest etc)—

(a) in subsection (1)(c), after sub-paragraph (v) insert—

“(vi) section 130 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (squatting in a residential building);”;

(b) in subsection (3), for “or (iv)” substitute “, (iv) or (vi)”.

( ) In Schedule 10 to the Criminal Justice and Public Order Act 1994 (consequential amendments), omit paragraph 53(b).”

LORD THOMAS OF GRESFORD

BARONESS MILLER OF CHILTHORNE DOMER

LORD DHOLAKIA

BARONESS LINKLATER OF BUTTERSTONE

 

The above-named Lords give notice of their intention to oppose the Question that Clause 130 stand part of the Bill.

Clause 131

LORD MCNALLY

188B

Page 112, line 29, at end insert—

“( ) Paragraph 27 of Schedule 27 to the Criminal Justice and Immigration Act 2008 (which provides for section 76 of that Act to apply whenever the alleged offence took place, but not in relation to certain proceedings if they began, or the arraignment took place, before that section comes into force) applies to any amendment made by this section to section 76 of that Act as it applies to that section, but as if references to the date on which that section comes into force were references to the date on which the amendment comes into force.”

After Clause 131

LORD FAULKNER OF WORCESTER

LORD BRADSHAW

THE LORD BISHOP OF LONDON

BARONESS BROWNING

189

Insert the following new Clause—

“Amendment to the Scrap Metal Dealers Act 1964

In section 5 (other offences relating to scrap metal) after subsection (2) insert—

“(3) If any scrap metal dealer accepts or makes payment in cash, that dealer shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) When deciding the level of fine to be charged under subsections (1) to (3), a court may take into account—

(a) the value of the scrap metal in question;

(b) the provenance of the scrap metal in question;

(c) the compliance of the scrap metal dealer with the provisions of sections 1 to 3 of this Act generally; and

(d) any other factors which the court deems to be relevant.””

Clause 134

LORD BACH

LORD BEECHAM

190

Page 113, line 23, after “subsection” insert “(1A) and”

LORD MARTIN OF SPRINGBURN

191

Page 113, line 23, leave out “subsection (2)” and insert “subsections (2), (2A) and (2B)”

LORD BACH

LORD BEECHAM

192

Page 113, line 23, at end insert—

“(1A) The Lord Chancellor may not make an order to commence sections 45 and 46 until the Lord Chancellor has established a viable system of one-way cost-shifting for civil litigation.”

193

Page 113, line 23, at end insert—

“( ) An order bringing Part 2 of this Act into effect, in whole or part, shall not be made unless—

(a) personal injury damages for pain, suffering and loss of amenity have been increased by 25 per cent;

(b) an effective system of one-way qualified cost-shifting has been introduced; and

(c) an effective system to meet the disbursements of unsuccessful claimants has been introduced.”

194

Page 113, line 24, leave out “comes” and insert “and section (Pre-commencement impact assessment) come”

LORD MARTIN OF SPRINGBURN

LORD JUDD

195

Page 113, line 24, at end insert—

“(2A) The Lord Chancellor shall, prior to commencement, commission an independent review report on the expected cost and impact on the time and resources of judges and the courts of any increase in the numbers of litigants in person arising from the provisions of Parts 1 and 2 of this Act.

(2B) The Lord Chancellor shall lay a copy of the report commissioned under subsection (2A) in both Houses of Parliament at the same time as laying a draft commencement order for any other section in Part 1.”

Clause 135

LORD MCNALLY

195ZA

Page 114, line 3, after “59(2)),” insert—

“( ) sections (No rehabilitation for certain immigration or nationality purposes) and (Transitional and consequential provision: Chapter 7A),”

195ZB

Page 114, line 6, at end insert “, subject to subsections (5A) and (6).

(5A) In Chapter 7A of Part 3—

(a) section (Establishment or alteration of rehabilitation periods) extends to England and Wales only,

(b) paragraphs 1 to 11 of Schedule (Rehabilitation of offenders: consequential provision) extend to England and Wales only,

(c) paragraphs 12 to 17 of that Schedule extend to Scotland only, and

(d) Part 2 of that Schedule extends to England and Wales only.”

195A

Page 114, line 7, leave out subsection (6) and insert—

“(6) Subsection (5) applies to section 131 only so far as the provisions amended extend to England and Wales or apply in relation to service offences.”

196

[Withdrawn]

Clause 137

LORD RAMSBOTHAM

[In substitution for Amendment 196]

196A

Page 114, line 21, leave out “Punishment” and insert “Rehabilitation”

Long Title

LORD RAMSBOTHAM

BARONESS HOWE OF IDLICOTE

LORD JUDD

LORD FELLOWES

197

Line 5, after “about” insert “rehabilitation of offenders and”

LORD MCNALLY

198

Line 9, after “cautions;” insert “to make provision about the rehabilitation of offenders;”

Prepared 8th February 2012