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

(2) In subsection (2), at the end insert “under section 84(3) of the Legal Aid,
Sentencing and Punishment of Offenders Act 2011.”

(3) In subsection (3), for “section 23(2) of this Act” substitute “section 85(2) of the
Legal Aid, Sentencing and Punishment of Offenders Act 2011”.

(4) 5In subsection (6)—

(a) in paragraph (a), for “17” substitute “18”, and

(b) for paragraph (b) and the “and” at the end of that paragraph
substitute—

“(b) the requirements in section 87(3) and (4) or 88(3) and
10(4) of the Legal Aid, Sentencing and Punishment of
Offenders Act 2011 would have been fulfilled if the
person had not been remanded on bail, and”.

10 (1) Section 32 (detention of absentees) is amended as follows.

(2) In subsection (1A)—

(a) 15in paragraph (b), omit sub-paragraph (iii), and

(b) after that paragraph insert—

“(c) from a place in which the child or young person has
been accommodated pursuant to a remand under
section 84 of the Legal Aid, Sentencing and
20Punishment of Offenders Act 2011,”.

(3) In subsection (1B), for the “or” at the end of paragraph (b) substitute—

“(ba) the place mentioned in subsection (1A)(c); or”.

(4) In subsection (1C), for paragraph (d) and the “or” preceding that paragraph
substitute—

“(d) 25where the child or young person was accommodated
pursuant to a remand under section 84(3) of the Legal Aid,
Sentencing and Punishment of Offenders Act 2011 (remands
to local authority accommodation), the designated authority
within the meaning of section 99(1) of that Act; or

(e) 30where the child or young person was accommodated
pursuant to a remand under section 84(4) of that Act
(remands to youth detention accommodation), the Secretary
of State.”

11 In section 34(1) (transitional modifications of Part 1 for persons of specified
35ages)—

(a) in paragraph (c) omit “, 23(1)”, and

(b) omit paragraph (e).

12 In section 69 (orders and regulations etc) omit subsection (4A).

Local Authority Social Services Act 1970 (c. 42)1970 (c. 42)

13 40In Schedule 1 to the Local Authority Social Services Act 1970 (social services

functions for the purposes of the Act), at the end insert—

5Bail Act 1976 (c. 63)1976 (c. 63)

14 The Bail Act 1976 is amended as follows.

15 In section 3AA (conditions for the imposition of electronic monitoring
requirements: persons under the age of seventeen), for subsection (11)
substitute—

“(11) 10In this section the reference to being remanded to local authority
accommodation is to be construed in accordance with section 85 of
the Legal Aid, Sentencing and Punishment of Offenders Act 2011.”

16 In section 7(6) (arrest for absconding or breaking conditions of bail: powers
of justice), for the words from “section 23” to the end of the subsection
15substitute “section 84 of the Legal Aid, Sentencing and Punishment of
Offenders Act 2011 (remands of children otherwise than on bail)”.

17 In Part 3 of Schedule 1 (supplementary provisions about persons entitled to
bail: interpretation), in paragraph 3, for the words from “the care of” to the
end of the paragraph substitute “accommodation pursuant to a remand
20under section 84(3) or (4) of the Legal Aid, Sentencing and Punishment of
Offenders Act 2011 (remands to local authority accommodation or youth
detention accommodation).”

Child Abduction Act 1984 (c. 37)1984 (c. 37)

18 The Child Abduction Act 1984 is amended as follows.

19 25In section 1(8) (offence of child abduction: modifications in relation to
children remanded to local authority accommodation etc), for “to a local
authority accommodation” substitute “otherwise than on bail”.

20 In paragraph 2 of the Schedule (modifications of section 1 in case of children
in places of safety etc)—

(a) 30in sub-paragraph (1), in paragraph (b) omit “section 23 of the
Children and Young Persons Act 1969,”,

(b) in that sub-paragraph, at the end of paragraph (ba) insert “; or

(bb) remanded to local authority accommodation or
youth detention accommodation under section 84
35of the Legal Aid, Sentencing and Punishment of
Offenders Act 2011.”, and

(c) in sub-paragraph (2)(a), after “place of safety” insert “, local authority
accommodation or youth detention accommodation”.

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

21 In section 17(1)(ca) of the Police and Criminal Evidence Act 1984 (powers of
entry and search of premises for purpose of arresting child or young person
remanded to local authority accommodation), for the words from “or
5committed” to “that Act” substitute “to local authority accommodation or
youth detention accommodation under section 84 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2011”.

Prosecution of Offences Act 1985 (c. 23)1985 (c. 23)

22 In section 22(11) of the Prosecution of Offences Act 1985 (time limits in
10relation to preliminary stages of criminal proceedings: interpretation), in the
definition of “custody” for the words from “to which” to “Act 1969”
substitute “or youth detention accommodation to which a person is
remanded under section 84 of the Legal Aid, Sentencing and Punishment of
Offenders Act 2011”.

15Children Act 1989 (c. 41)1989 (c. 41)

23 The Children Act 1989 is amended as follows.

24 In section 21(2)(c) (duty to receive and provide accommodation for certain
kinds of children) omit sub-paragraph (i) (children on remand under section
23(1) of the Children and Young Persons Act 1969).

25 20In Schedule 12 (minor amendments), omit paragraph 28(b).

Criminal Justice Act 1991 (c. 53)1991 (c. 53)

26 The Criminal Justice Act 1991 is amended as follows.

27 Omit section 60(1).

28 In section 60(3) (applications under section 25 of the Children Act 1989 in
25case of child remanded or committed to local authority accommodation)—

(a) leave out “or committed”, and

(b) after “local authority accommodation” insert “under section 84(3) of
the Legal Aid, Sentencing and Punishment of Offenders Act 2011”.

29 Omit section 61 (provision by local authorities of secure accommodation).

30 30Omit section 61A (cost of secure accommodation).

31 In section 92(3) (application of prisoner escort provisions to persons
remanded etc under section 23 of the Children and Young Persons Act
1969)—

(a) in paragraph (a), for the words from “or committed” to “1969 Act”
35substitute “to local authority accommodation or youth detention
accommodation under section 84 of the Legal Aid, Sentencing and
Punishment of Offenders Act 2011”, and

(b) in paragraph (b) for “such accommodation” substitute
“accommodation in which a person is or is to be accommodated
40pursuant to such a remand”.

Bail (Amendment) Act 1993 (c. 26)1993 (c. 26)

32 In section 1(10) of the Bail (Amendment) Act 1993 (prosecution right of
appeal against grant of bail: application to children and young persons)—

(a) for the words from “child” to “Act 1969)” substitute “person under
5the age of 18”, and

(b) in paragraph (b) for the words from “section 23” to
“accommodation” substitute “Chapter 3 of Part 3 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2011 (remands of
children otherwise than on bail)”.

10Criminal Justice and Public Order Act 1994 (c. 33)1994 (c. 33)

33 The Criminal Justice and Public Order Act 1994 is amended as follows.

34 Omit sections 19(1) and (3), 21 and 23.

35 In Schedule 9 (minor amendments) omit paragraph 38.

Crime and Disorder Act 1998 (c. 37)1998 (c. 37)

36 15The Crime and Disorder Act 1998 is amended as follows.

37 In section 38(4)(d) (definition of “youth justice services”: placements
pursuant to remands to local authority accommodation), for the words from
“or committed” to “1969 Act”)” substitute “to such accommodation under
section 84(3) of the Legal Aid, Sentencing and Punishment of Offenders Act
202011”.

38 In section 41(5) (functions of the Youth Justice Board for England and Wales)
omit—

(a) paragraph (i)(iii) (agreements for the provision of accommodation
for detention under section 23(4)(c) of the Children and Young
25Persons Act 1969 as modified by section 98 of the Crime and
Disorder Act 1998), and

(b) paragraph (k) (assistance to local authorities in discharging duty
under section 61 of the Criminal Justice Act 1991).

39 In section 57A(3) (use of live link for accused’s attendance at preliminary or
30sentencing hearing: interpretation), in paragraph (a) of the definition of
“custody”, for the words from “to which” to “Act 1969” substitute “or youth
detention accommodation to which a person is remanded under section 84
of the Legal Aid, Sentencing and Punishment of Offenders Act 2011”.

40 Omit sections 97 and 98.

35Access to Justice Act 1999 (c. 22)1999 (c. 22)

41 In Schedule 4 to the Access to Justice Act 1999 (amendments consequential
on Part 1), omit paragraphs 4, 6 and 7.

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

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

43 40In section 101 (taking account of remands in relation to a detention and
training order)—

(a) in subsection (11), for paragraph (c) and the “or” at the end of that
paragraph substitute—

“(c) remanded to youth detention accommodation under
section 84(4) of the Legal Aid, Sentencing and
5Punishment of Offenders Act 2011; or”, and

(b) in subsection (12) omit the words from “and in that subsection” to the
end of the subsection.

44 In Schedule 9 (consequential amendments), omit paragraphs 93(b) and 126.

Care Standards Act 2000 (c. 14)2000 (c. 14)

45 10In Schedule 4 to the Care Standards Act 2000 (minor and consequential
amendments), omit paragraphs 3 and 17.

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

46 (1) Schedule 7 to the Criminal Justice and Court Services Act 2000 (minor and
consequential amendments) is amended as follows.

(2) 15In paragraph 4(2), in the entry for the Children and Young Persons Act 1969,
omit the words from “section 23(4)” to “15 and 16 year old boys)),”.

(3) Omit paragraph 39.

Criminal Justice and Police Act 2001 (c. 16)2001 (c. 16)

47 In the Criminal Justice and Police Act 2001, omit sections 130, 132 and 133.

20Courts Act 2003 (c. 39)2003 (c. 39)

48 In Schedule 8 to the Courts Act 2003 (minor and consequential
amendments), omit paragraph 135.

Extradition Act 2003 (c. 41)2003 (c. 41)

49 In the Extradition Act 2003, omit section 201.

25Criminal Justice Act 2003 (c. 44)2003 (c. 44)

50 The Criminal Justice Act 2003 is amended as follows.

51 In section 242 (interpretation of provisions about crediting periods of
remand in custody)—

(a) in subsection (2)(b), for the words from “or committed” to “that
30section” substitute “to youth detention accommodation under
section 84(4) of the Legal Aid, Sentencing and Punishment of
Offenders Act 2011”, and

(b) omit subsection (3).

52 In Schedule 32 (amendments relating to sentencing), omit paragraph 15.

35Criminal Defence Service Act 2006 (c. 9)2006 (c. 9)

53 In section 4(2) of the Criminal Defence Service Act 2006 (provisions to which
certain consequential amendments apply), omit paragraphs (a) and (b).

Violent Crime Reduction Act 2006 (c. 38)2006 (c. 38)

54 In the Violent Crime Reduction Act 2006, omit section 61.

Criminal Justice and Immigration Act 2008 (c. 4)2008 (c. 4)

55 In Schedule 26 to the Criminal Justice and Immigration Act 2008 (minor and
5consequential amendments), omit paragraph 5.

Children and Young Persons Act 2008 (c. 23)2008 (c. 23)

56 In Schedule 1 to the Children and Young Persons Act 2008 (children looked
after by local authorities: supplementary and consequential provision), omit
paragraph 8.

10Offender Management Act 2007 (Consequential Amendments) Order 2008 (SI 2008/912SI 2008/912)

57 In Schedule 1 to the Offender Management Act 2007 (Consequential
Amendments) Order 2008 (amendments of Acts), omit paragraph 13(6).

Policing and Crime Act 2009 (c. 26)2009 (c. 26)

58 In paragraph 14(3) of Schedule 5A to the Policing and Crime Act 2009
15(detention order for breach of injunction: meaning of youth detention
accommodation) for paragraph (c) substitute—

“(c) a secure children’s home, as defined by section 95(9) of the
Legal Aid, Sentencing and Punishment of Offenders Act
2011.”

Section 102

20SCHEDULE 13 Crediting of time in custody: Armed Forces amendments

1 The Armed Forces Act 2006 is amended as follows.

2 In section 246 (crediting of time in service custody: terms of imprisonment
and detention), for subsections (2) to (5) substitute—

“(2) 25The number of days for which the offender was kept in service
custody in connection with the offence in question or any related
offence since being so charged is to count as time served by the
offender as part of the sentence.

But this is subject to subsections (2A) to (2C).

(2A) 30If, on any day on which the offender was kept in service custody, the
offender was also detained in connection with any other matter, that
day is not to count as time served.

(2B) A day counts as time served—

(a) in relation to only one sentence, and

(b) 35only once in relation to that sentence.

(2C) A day is not to count as time served as part of any period of 28 days
served by the offender before automatic release (see section 255B(1)
of the 2003 Act).”

3 (1) Section 247 (crediting of time in service custody: supplementary) is
5amended as follows.

(2) In subsection (2)—

(a) after “in connection with other offences” insert “(but see section
246(2B))”, and

(b) omit “, or has also been detained in connection with other matters”.

(3) 10After subsection (2) insert—

“(2A) The reference in section 246(2A) to detention in connection with any
other matter does not include remand in custody in connection with
another offence but includes—

(a) detention pursuant to any custodial sentence;

(b) 15committal in default of payment of any sum of money;

(c) committal for want of sufficient distress to satisfy any sum of
money;

(d) committal for failure to do or abstain from doing anything
required to be done or left undone.”

(4) 20In subsection (4) for “the reference in section 246(2)” substitute “the
references in section 246(2) and (2B)”.

4 In section 373(3) (orders, regulations and rules)—

(a) after paragraph (e) insert “or”, and

(b) omit paragraph (g) and the “or” preceding it.

5 25In Schedule 16 (minor and consequential amendments), omit paragraph 228.

Section 103

SCHEDULE 14 Prisoners serving less than 12 months: consequential amendments

1 The Criminal Justice Act 2003 is amended as follows.

2 (1) Section 244 (duty to release prisoners on licence) is amended as follows.

(2) 30In subsection (1)—

(a) after “section” in the first place it appears insert “243A or”;

(b) after “the requisite custodial period” insert “for the purposes of this
section”.

(3) In subsection (3)—

(a) 35for “In this section” substitute “For the purposes of this section”;

(b) in paragraph (a)—

(i) for “any” substitute “a”;

(ii) after “the Sentencing Act” insert “for such a term”.

3 In section 246(6) (power to release prisoners early: definitions), in the
definition of “the requisite custodial period”, after “has the meaning given
by” insert “paragraph (a) or (b) of section 243A(3) or (as the case may be)”.

4 (1) Section 249 (duration of licence) is amended as follows.

(2) 5In subsection (1), after “a fixed-term prisoner” insert “, other than one to
whom section 243A applies,”.

(3) After subsection (1) insert—

“(1A) Where a prisoner to whom section 243A applies is released on
licence, the licence shall, subject to any revocation under section 254
10or 255, remain in force until the date on which, but for the release, the
prisoner would have served one-half of the sentence.

This is subject to subsection (3).”

(4) In subsection (3)—

(a) for “Subsection (1) has” substitute “Subsections (1) and (1A) have”;

(b) 15omit “and (4)”.

5 In section 250(4) (licence conditions) omit “for a term of twelve months or
more” and “such” in the first place it occurs.

6 In section 253(3) (period for which curfew condition to remain in force), after
“fall to be released” insert “unconditionally under section 243A or”.

7 20In section 260 (early removal of prisoners liable to removal from UK)—

(a) in subsection (5), after “section” in the second place it appears insert
“243A,”;

(b) in subsection (7), after “has the meaning given by” insert “paragraph
(a) or (b) of section 243A(3) or (as the case may be)”.

8 (1) 25Section 261 (re-entry to UK of offender removed early) is amended as
follows.

(2) In subsection (5), for “section 244” substitute “section 243A or 244 (as the case
may be)”.

(3) In subsection (6)—

(a) 30in the definition of “requisite custodial period”, after “has the
meaning given by” insert “paragraph (a) or (b) of section 243A(3) or
(as the case may be)”;

(b) in the definition of “sentence expiry date”—

(i) after “but for his” insert “release from prison and”;

(ii) 35for “ceased to be subject to a licence” substitute “served the
whole of the sentence”.

9 In section 263(2) (concurrent terms)—

(a) after paragraph (a) insert—

“(aa) the offender’s release is to be unconditional if section
40243A so requires in respect of each of the sentences
(and in any other case is to be on licence),”;

(b) in paragraph (b), after “each of the others” insert “to which that
section applies”;

(c) in paragraph (c), after “release under this Chapter” insert “(unless
45that release is unconditional)”.

10 In section 264 (consecutive terms)—

(a) in subsection (2), omit “on licence”;

(b) in subsection (3), for “any of the terms of imprisonment is a term of
twelve months or more” substitute “the aggregate length of the terms
5of imprisonment is 12 months or more”;

(c) after subsection (3) insert—

“(3A) Where the aggregate length of the terms of imprisonment is
less than 12 months, the offender’s release under this Chapter
is to be unconditional.”;

(d) 10omit subsections (4) and (5);

(e) in subsection (6)(a)(ii)—

(i) for “a term of twelve months or more” substitute “any other
sentence”;

(ii) for “the term” substitute “the sentence”;

(f) 15in subsection (7), omit “of 12 months or more”.

11 In section 267 (alteration by order of proportion of sentence), after “any
reference in” insert “section 243A(3)(a),”.

12 The heading of Chapter 6 of Part 12 becomes “Release, licences and recall”.

13 The repeal by section 303(a) of the Criminal Justice Act 2003 of sections 33 to
2051 of the Criminal Justice Act 1991 has effect in relation to any sentence of
imprisonment which—

(a) is of less than 12 months (whether or not such a sentence is imposed
to run concurrently or consecutively with another such sentence),
and

(b) 25is imposed in respect of an offence committed on or after 4 April
2005,

and paragraph 14 of Schedule 2 to the Criminal Justice Act 2003
(Commencement No. 8 and Transitional and Savings Provisions) Order 2005
(S.I. 2005/950S.I. 2005/950) is accordingly revoked.

Section 111

30SCHEDULE 15 Application of sections 100 to 110 and transitional and transitory provisions

1 In this Schedule—

(a) “the commencement date”, in relation to any of sections 100 to 110,
means the day appointed under section 134 for the coming into force
35of that section;

(b) “Chapter 6” means Chapter 6 of Part 12 of the 2003 Act, as amended
by those sections;

(c) “the 2003 Act” means the Criminal Justice Act 2003.

2 (1) The following provisions apply in relation to any person who falls to be
40released under Chapter 6 on or after the commencement date—

(a) section 100 (but this is subject to sub-paragraph (2));

(b) in section 102—

(i) subsections (1) to (7), (9) and (11) so far as they relate to
section 240ZA of the 2003 Act, and

(ii) subsection (10);

(c) section 103;

(d) section 107;

(e) section 108.

(2) 5Where a court, before the commencement date, has given a direction under
section 240(3) of the 2003 Act—

(a) if the number of days in relation to which the direction is given is
greater than the number of days calculated under section 240ZA of
the 2003 Act, the direction continues to have effect (in place of section
10240ZA);

(b) in any other case, the direction ceases to have effect.

3 The following provisions apply in relation to any person sentenced on or
after the commencement date—

(a) section 101;

(b) 15in section 102—

(i) subsections (1) to (7), (9) and (11) so far as they relate to
section 240A of the 2003 Act, and

(ii) subsection (8).

4 The amendments made by section 104 do not affect the release under
20Chapter 6 of any prisoner before the commencement date.

5 Section 105 applies in relation to any person recalled under section 254 of the
2003 Act before the commencement date (as well as in relation to any person
recalled under that section on or after that date).

6 Section 106 applies in relation to any person recalled under that section on
25or after the commencement date.

7 Section 110 applies in relation to any person who, on the commencement
date, has served the relevant part of the sentence (as well as in relation to any
person who, on that date, has not served that part).

Section 114

SCHEDULE 16 30Life sentence for second listed offence etc: new Schedule 15B to Criminal
Justice Act 2003

In the Criminal Justice Act 2003, after Schedule 15A insert—

Sections 224A, 226A and 246A

“Schedule 15b Offences listed for the purposes of sections 224A, 226A and 246A

Part 1 35Offences under the law of England and Wales listed for the purposes
of sections 224A(1), 224A(4), 226A and 246A

• The following offences to the extent that they are offences under the law
  of England and Wales—