Legal Aid, Sentencing and Punishment of Offenders Bill (HL Bill 109)

(b) if no direction was given by the Parole Board under subsection
(5) of section 28 before P’s removal from prison, that section
applies to P;

(c) if such a direction was given before that removal, P is to be
5treated as if P had been recalled to prison under section 32.

(3) A person who is liable to be detained by virtue of subsection (2)(a) is, if
at large, to be taken for the purposes of section 49 of the Prison Act 1952
(persons unlawfully at large) to be unlawfully at large.

(4) Subsection (2)(a) does not prevent P’s further removal from the United
10Kingdom.”

Application and transitional provision

111 Application and transitional etc provision

Schedule 15 (provision about the application of sections 100 to 110 and
transitional and transitory provision) has effect.

15Restatement of earlier enactments and transitional provisions

112 Power to restate earlier enactments and existing transitional provisions

(1) This section applies to—

(a) an order under section 336(3) of the Criminal Justice Act 2003 which
brings into force any provision of Chapter 6 of Part 12 of that Act (“the
202003 Act”),

(b) an order under that section which brings into force the repeal of any
provision of Part 2 of the Criminal Justice Act 1991, and

(c) an order under section 153(7) of the Criminal Justice and Immigration
Act 2008 (“the 2008 Act”) which brings into force any provision
25amending or repealing any provision of Chapter 6 of Part 12 of the 2003
Act.

(2) Such an order may—

(a) amend or revoke any transitory, transitional or saving provision made
by a previous order;

(b) 30restate (with or without amendment) any provision so revoked.

(3) The powers conferred by—

(a) section 330(4) of the 2003 Act and section 153(8)(b) of the 2008 Act
(power to make transitory, transitional and saving provision etc), and

(b) subsection (2)(b),

35may be exercised by amending or repealing any provision of Chapter 6 of Part
12 of the 2003 Act.

(4) Where an order brings into force the repeal of any provision of Part 2 of the
Criminal Justice Act 1991, the power conferred by section 330(4) of the 2003 Act
(including that power as exercised in accordance with subsection (3) above)
40may be exercised so as to make provision identical in effect to the provision
repealed.

(5) An order containing provision mentioned in subsection (2), (3) or (4) may only
be made if a draft of the statutory instrument has been laid before, and
approved by a resolution of, each House of Parliament.

(6) In the case of an order under section 336(3) of the 2003 Act, subsection (5)
5applies in place of section 330(6) of that Act.

CHAPTER 5 Dangerous offenders

113 Abolition of certain sentences for dangerous offenders

In Chapter 5 of Part 12 of the Criminal Justice Act 2003 (sentencing: dangerous
offenders) omit—

(a) 10section 225(3) to (4) (imprisonment for public protection for serious
offences),

(b) section 226(3) to (4) (detention for public protection for serious
offences),

(c) section 227 (extended sentence for certain violent or sexual offences:
15persons 18 or over), and

(d) section 228 (extended sentence for certain violent or sexual offences:
persons under 18).

114 Life sentence for second listed offence

(1) In Chapter 5 of Part 12 of the Criminal Justice Act 2003 (sentencing: dangerous
20offenders), after section 224 insert—

“224A Life sentence for second listed offence

(1) This section applies where—

(a) a person aged 18 or over is convicted of an offence listed in Part
1 of Schedule 15B,

(b) 25the offence was committed after this section comes into force,
and

(c) the seriousness condition and the previous offence condition
are met.

(2) The court must impose a sentence of imprisonment for life unless the
30court is of the opinion that there are particular circumstances which—

(a) relate to the offence, to the previous offence referred to in
subsection (4) or to the offender, and

(b) would make it unjust to do so in all the circumstances.

(3) The seriousness condition is that the court considers that the
35seriousness of the offence, or of the offence and one or more offences
associated with it, is such as to justify the imposition of a sentence of
imprisonment for 10 years or more, disregarding any extension period
imposed under section 226A.

(4) The previous offence condition is that —

(a) 40at the time the offence was committed, the offender had been
convicted of an offence listed in Schedule 15B (“the previous
offence”), and

(b) a relevant life sentence or a relevant sentence of imprisonment
or detention for a determinate period was imposed on the
offender for the previous offence.

(5) A life sentence is relevant for the purposes of subsection (4)(b) if—

(a) 5the offender was not eligible for release during the first 5 years
of the sentence, or

(b) the offender would not have been eligible for release during
that period but for the reduction of the period of ineligibility to
take account of a relevant pre-sentence period.

(6) 10An extended sentence imposed under this Act (including one imposed
as a result of the Armed Forces Act 2006) is relevant for the purposes of
subsection (4)(b) if the appropriate custodial term imposed was 10
years or more.

(7) Any other extended sentence is relevant for the purposes of subsection
15(4)(b) if the custodial term imposed was 10 years or more.

(8) Any other sentence of imprisonment or detention for a determinate
period is relevant for the purposes of subsection (4)(b) if it was for a
period of 10 years or more.

(9) An extended sentence or other sentence of imprisonment or detention
20is also relevant if it would have been relevant under subsection (7) or
(8) but for the reduction of the sentence, or any part of the sentence, to
take account of a relevant pre-sentence period.

(10) For the purposes of subsections (4) to (9)—

• “extended sentence” means—

  (a)

  25a sentence imposed under section 85 of the Sentencing
  Act or under section 226A, 226B, 227 or 228 of this Act
  (including one imposed as a result of section 220 or 222
  of the Armed Forces Act 2006), or

  (b)

  an equivalent sentence imposed under the law of
  30Scotland, Northern Ireland or a member State (other
  than the United Kingdom);

• “life sentence” means—

  (a)

  a life sentence as defined in section 34 of the Crime
  (Sentences) Act 1997, or

  (b)

  35an equivalent sentence imposed under the law of
  Scotland, Northern Ireland or a member State (other
  than the United Kingdom);

• “relevant pre-sentence period”, in relation to the previous offence
  referred to in subsection (4), means any period which the
  40offender spent in custody or on bail before the sentence for that
  offence was imposed;

• “sentence of imprisonment or detention” includes any sentence of
  a period in custody (however expressed).

(11) An offence the sentence for which is imposed under this section is not
45to be regarded as an offence the sentence for which is fixed by law.”

(2) Schedule 16 (new Schedule 15B to the Criminal Justice Act 2003) has effect.

(3) Schedule 17 (life sentence for second listed offence: consequential and
transitory provision) has effect.

115 New extended sentences

(1) In Chapter 5 of Part 12 of the Criminal Justice Act 2003 (sentencing: dangerous
5offenders), after section 226 and the italic heading “Extended sentences”
insert—

“226A Extended sentence for certain violent or sexual offences: persons 18 or
over

(1) This section applies where—

(a) 10a person aged 18 or over is convicted of a specified offence
(whether the offence was committed before or after this section
comes into force),

(b) the court considers that there is a significant risk to members of
the public of serious harm occasioned by the commission by the
15offender of further specified offences,

(c) the court is not required by section 224A or 225(2) to impose a
sentence of imprisonment for life, and

(d) condition A or B is met.

(2) Condition A is that, at the time the offence was committed, the offender
20had been convicted of an offence listed in Schedule 15B.

(3) Condition B is that, if the court were to impose an extended sentence of
imprisonment, the term that it would specify as the appropriate
custodial term would be at least 4 years.

(4) The court may impose an extended sentence of imprisonment on the
25offender.

(5) An extended sentence of imprisonment is a sentence of imprisonment
the term of which is equal to the aggregate of—

(a) the appropriate custodial term, and

(b) a further period (the “extension period”) for which the offender
30is to be subject to a licence.

(6) The appropriate custodial term is the term of imprisonment that would
(apart from this section) be imposed in compliance with section 153(2).

(7) The extension period must be a period of such length as the court
considers necessary for the purpose of protecting members of the
35public from serious harm occasioned by the commission by the
offender of further specified offences, subject to subsections (8) and (9).

(8) The extension period must not exceed—

(a) 5 years in the case of a specified violent offence, and

(b) 8 years in the case of a specified sexual offence.

(9) 40The term of an extended sentence of imprisonment imposed under this
section in respect of an offence must not exceed the term that, at the
time the offence was committed, was the maximum term permitted for
the offence.

226B Extended sentence for certain violent or sexual offences: persons
under 18

(1) This section applies where—

(a) a person aged under 18 is convicted of a specified offence
5(whether the offence was committed before or after this section
comes into force),

(b) the court considers that there is a significant risk to members of
the public of serious harm occasioned by the commission by the
offender of further specified offences,

(c) 10the court is not required by section 226(2) to impose a sentence
of detention for life under section 91 of the Sentencing Act, and

(d) if the court were to impose an extended sentence of detention,
the term that it would specify as the appropriate custodial term
would be at least 4 years.

(2) 15The court may impose an extended sentence of detention on the
offender.

(3) An extended sentence of detention is a sentence of detention the term
of which is equal to the aggregate of—

(a) the appropriate custodial term, and

(b) 20a further period (the “extension period”) for which the offender
is to be subject to a licence.

(4) The appropriate custodial term is the term of detention that would
(apart from this section) be imposed in compliance with section 153(2).

(5) The extension period must be a period of such length as the court
25considers necessary for the purpose of protecting members of the
public from serious harm occasioned by the commission by the
offender of further specified offences, subject to subsections (6) and (7).

(6) The extension period must not exceed—

(a) 5 years in the case of a specified violent offence, and

(b) 308 years in the case of a specified sexual offence.

(7) The term of an extended sentence of detention imposed under this
section in respect of an offence may not exceed the term that, at the time
the offence was committed, was the maximum term of imprisonment
permitted for the offence in the case of a person aged 18 or over.”

(2) 35Schedule 18 (new extended sentences: consequential and transitory provision)
has effect.

116 New extended sentences: release on licence etc

(1) Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release and
recall) is amended as follows.

(2) 40In section 244(1) (duty to release prisoners on licence) (as amended by
Schedule 14 to this Act) after “243A” insert “, 246A”.

(3) After section 246 insert—

“246A Release on licence of prisoners serving extended sentence under
section 226A or 226B

(1) This section applies to a prisoner (“P”) who is serving an extended
5sentence imposed under section 226A or 226B.

(2) It is the duty of the Secretary of State to release P on licence under this
section as soon as P has served the requisite custodial period for the
purposes of this section unless either or both of the following
conditions are met—

(a) 10the appropriate custodial term is 10 years or more;

(b) the sentence was imposed in respect of an offence listed in Part
1 of Schedule 15B or in respect of offences that include one or
more offences listed in that Part of that Schedule.

(3) If either or both of those conditions are met, it is the duty of the
15Secretary of State to release P on licence in accordance with subsections
(4) to (7).

(4) The Secretary of State must refer P’s case to the Board—

(a) as soon as P has served the requisite custodial period, and

(b) where there has been a previous reference of P’s case to the
20Board under this subsection and the Board did not direct P’s
release, not later than the second anniversary of the disposal of
that reference.

(5) It is the duty of the Secretary of State to release P on licence under this
section as soon as—

(a) 25P has served the requisite custodial period, and

(b) the Board has directed P’s release under this section.

(6) The Board must not give a direction under subsection (5) unless—

(a) the Secretary of State has referred P’s case to the Board, and

(b) the Board is satisfied that it is no longer necessary for the
30protection of the public that P should be confined.

(7) It is the duty of the Secretary of State to release P on licence under this
section as soon as P has served the appropriate custodial term, unless P
has previously been released on licence under this section and recalled
under section 254 (provision for the release of such persons being made
35by section 255C).

(8) For the purposes of this section—

• “appropriate custodial term” means the term determined as such
  by the court under section 226A or 226B (as appropriate);

• “the requisite custodial period” means—

  (a)

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

  (b)

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

(4) 45Schedule 19 (release of new extended sentence prisoners: consequential
provision) has effect.

117 Power to change test for release on licence of certain prisoners

(1) The Secretary of State may by order provide that, following a referral by the
Secretary of State of the case of an IPP prisoner or an extended sentence
prisoner, the Parole Board—

(a) 5must direct the prisoner’s release if it is satisfied that conditions
specified in the order are met, or

(b) must do so unless it is satisfied that conditions specified in the order are
met.

(2) An order under this section may—

(a) 10amend section 28 of the Crime (Sentences) Act 1997 (duty to release IPP
prisoners and others),

(b) amend section 246A of the Criminal Justice Act 2003 (release on licence
of extended sentence prisoners),

(c) make provision in relation to any person whose case is disposed of by
15the Parole Board on or after the day on which the regulations come into
force (even if the Secretary of State referred that person’s case to the
Board before that day),

(d) make different provision in relation to IPP prisoners and extended
sentence prisoners, and

(e) 20include consequential provision.

(3) An order under this section is to be made by statutory instrument.

(4) A statutory instrument containing an order under this section may not be
made unless a draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament.

(5) 25In this section—

• “extended sentence prisoner” means a prisoner who is serving a sentence
  under section 226A or 226B of the Criminal Justice Act 2003;

• “IPP prisoner” means a prisoner who is serving one or more of the
  following sentences and is not serving any other life sentence—

  (a)

  30a sentence of imprisonment for public protection or detention in
  a young offender institution for public protection under section
  225 of the Criminal Justice Act 2003 (including one imposed as
  a result of section 219 of the Armed Forces Act 2006);

  (b)

  a sentence of detention for public protection under section 226
  35of the Criminal Justice Act 2003 (including one imposed as a
  result of section 221 of the Armed Forces Act 2006);

• “life sentence” has the same meaning as in section 34 of the Crime
  (Sentences) Act 1997.

CHAPTER 6 Prisoners etc

118 40Employment in prisons: deductions etc from payments to prisoners

(1) In section 47 of the Prison Act 1952 (power of Secretary of State to make rules
for the regulation and management of prisons etc), in subsection (1) omit
“employment,”.

(2) After that subsection insert—

“(1A) The Secretary of State may make rules about—

(a) the employment of persons who are required to be detained in
secure training centres or young offender institutions;

(b) 5the making of payments to such persons in respect of work or
other activities undertaken by them, or in respect of their
unemployment.”

(3) In that section, after subsection (5) insert—

“(6) Rules made under this section may—

(a) 10make different provision for different cases;

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

(4) After that section insert—

“47A Rules about employment in prisons etc

(1) 15The Secretary of State may make rules about—

(a) the employment of prisoners;

(b) the making of payments to prisoners in respect of work or other
activities undertaken by them, or in respect of their
unemployment.

(2) 20The Secretary of State may make rules about the making, by the
governor of the prison in which a prisoner is detained or the Secretary
of State, of reductions in payments to the prisoner in respect of—

(a) work undertaken by the prisoner,

(b) other activities undertaken by the prisoner, or

(c) 25the prisoner’s unemployment,

where those payments are made by or on behalf of the Secretary of
State.

(3) Rules under subsection (2) may make provision, in a case where
reductions are made by the governor, for amounts generated by the
30reductions to be used by the governor—

(a) for making payments for the benefit of victims or communities;

(b) for making payments for the purposes of the rehabilitation of
offenders;

(c) for other prescribed purposes.

(4) 35Rules under subsection (2) may make provision, in a case where
reductions are made by the governor—

(a) for amounts generated by the reductions to be used by the
governor for making payments into an account of a prescribed
kind;

(b) 40for the administration of the account;

(c) for the making of payments out of the account to a prisoner
before or after the prisoner’s release on fulfilment by the
prisoner of prescribed conditions.

(5) Rules under subsection (2) that make provision for amounts generated
45by reductions to be used to make payments may provide for such

payments to be made after the deduction of amounts of a prescribed
description.

(6) The Secretary of State may make rules about the making of deductions
from, or the imposition of levies on, payments to a prisoner in respect
5of—

(a) work undertaken by the prisoner,

(b) other activities undertaken by the prisoner, or

(c) the prisoner’s unemployment,

where those payments are made otherwise than by or on behalf of the
10Secretary of State.

(7) Rules under subsection (6)—

(a) may provide for deductions to be made, or levies to be imposed,
by the governor of the prison or by the Secretary of State;

(b) must provide that, if the governor makes the deductions or
15imposes the levies, the governor must pay amounts generated
to the Secretary of State.

(8) The Secretary of State may make rules providing—

(a) for the making of payments by the Secretary of State into an
account of a prescribed kind;

(b) 20for the administration of the account;

(c) for the making of payments out of the account to a prisoner
before or after the prisoner’s release on fulfilment by the
prisoner of prescribed conditions.

(9) Rules under this section may—

(a) 25make different provision for different cases;

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

(10) In this section references to the governor of a prison include—

(a) the director of a contracted out prison within the meaning of
30Part 4 of the Criminal Justice Act 1991, and

(b) an officer of a prison who may exercise the functions of a
governor in accordance with rules under section 47 or this
section.

(11) In this section—

• 35“prescribed” means prescribed by rules under this section;

• “prisoner” includes a prisoner on temporary release.”

(5) In section 66(4) of the Criminal Justice Act 1967 (procedure applying to rules
under section 47 of the Prison Act 1952), for “of the said Act of 1952” substitute
“or section 47A of the Prison Act 1952”.

(6) 40In section 127(6) of the Criminal Justice and Public Order Act 1994
(inducements to prison officers to contravene prison rules: meaning of “prison
rules”), after “section 47” insert “or 47A”.

(7) In section 4 of the Prisoners’ Earnings Act 1996 (interpretation)—

(a) omit subsection (2) (application of the Act to England and Wales), and

(b) 45in subsection (3) (application of the Act to Scotland), for “In the
application of this Act to Scotland” substitute “In this Act”.

(8) In section 5 of that Act (short title, commencement and extent), for subsection
(3) substitute—

“(3) This Act extends to Scotland only.”

(9) In section 45(2) of the National Minimum Wage Act 1998 (exclusion for
5prisoners doing work in pursuance of prison rules: interpretation), in
paragraph (a) of the definition of “prison rules”, after “section 47” insert “or
47A”.

(10) Before the coming into force of section 59 of the Criminal Justice and Court
Services Act 2000 (abolition of power to provide remand centres), section
1047(1A) of the Prison Act 1952 has effect as if it referred also to persons required
to be detained in remand centres.

(11) Before the coming into force of section 61 of the Criminal Justice and Court
Services Act 2000 (abolition of sentences of detention in a young offender
institution, custody for life etc)—

(a) 15section 47(1A) of the Prison Act 1952 has effect as if the references to
persons required to be detained in young offender institutions were to
persons aged under 18 required to be so detained, and

(b) section 47A of that Act has effect as if—

(i) “prison” included a young offender institution, and

(ii) 20“prisoner” included a person aged 18 or over who is required to
be detained in a young offender institution.

(12) The Secretary of State may make such payments to such persons as the
Secretary of State considers appropriate in connection with measures that
appear to the Secretary of State to be intended to—

(a) 25rehabilitate offenders,

(b) prevent re-offending, or

(c) limit the impact of crime.

(13) In making payments under subsection (12), the Secretary of State must have
regard to the sums that have been made available to, or received by, the
30Secretary of State by virtue of rules under section 47A of the Prison Act 1952
(reductions, deductions and levies in respect of payments to prisoners etc.).

119 Transfer of prisoners: prosecution of other offences

In the Repatriation of Prisoners Act 1984, after section 3 insert—

“3A Prosecution of other offences

(1) 35This section applies where—

(a) a person has been transferred into Great Britain under a warrant
under section 1, and

(b) the international arrangements in accordance with which the
person has been transferred contain a speciality provision.

(2) 40The person must not, unless a condition in subsection (3) is met—

(a) be prosecuted for any offence committed before the departure
of that person from the country or territory from which that
person has been transferred, or

(b) be detained or otherwise subjected to any restriction of liberty
45for any offence committed before the departure of that person