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

1 Manslaughter.

2 An offence under section 4 of the Offences against the Person Act
1861 (soliciting murder).

3 An offence under section 18 of that Act (wounding with intent to
5cause grievous bodily harm).

4 An offence under section 16 of the Firearms Act 1968 (possession
of a firearm with intent to endanger life).

5 An offence under section 17(1) of that Act (use of a firearm to resist
arrest).

6 10An offence under section 18 of that Act (carrying a firearm with
criminal intent).

7 An offence of robbery under section 8 of the Theft Act 1968 where,
at some time during the commission of the offence, the offender
had in his possession a firearm or an imitation firearm within the
15meaning of the Firearms Act 1968.

8 An offence under section 1 of the Protection of Children Act 1978
(indecent images of children).

9 An offence under section 56 of the Terrorism Act 2000 (directing
terrorist organisation).

10 20An offence under section 57 of that Act (possession of article for
terrorist purposes).

11 An offence under section 59 of that Act (inciting terrorism
overseas) if the offender is liable on conviction on indictment to
imprisonment for life.

12 25An offence under section 47 of the Anti-terrorism, Crime and
Security Act 2001 (use etc of nuclear weapons).

13 An offence under section 50 of that Act (assisting or inducing
certain weapons-related acts overseas).

14 An offence under section 113 of that Act (use of noxious substance
30or thing to cause harm or intimidate).

15 An offence under section 1 of the Sexual Offences Act 2003 (rape).

16 An offence under section 2 of that Act (assault by penetration).

17 An offence under section 4 of that Act (causing a person to engage
in sexual activity without consent) if the offender is liable on
35conviction on indictment to imprisonment for life.

18 An offence under section 5 of that Act (rape of a child under 13).

19 An offence under section 6 of that Act (assault of a child under 13
by penetration).

20 An offence under section 7 of that Act (sexual assault of a child
40under 13).

21 An offence under section 8 of that Act (causing or inciting a child
under 13 to engage in sexual activity).

22 An offence under section 9 of that Act (sexual activity with a
child).

23 An offence under section 10 of that Act (causing or inciting a child
to engage in sexual activity).

24 5An offence under section 11 of that Act (engaging in sexual
activity in the presence of a child).

25 An offence under section 12 of that Act (causing a child to watch a
sexual act).

26 An offence under section 14 of that Act (arranging or facilitating
10commission of a child sex offence).

27 An offence under section 15 of that Act (meeting a child following
sexual grooming etc).

28 An offence under section 25 of that Act (sexual activity with a child
family member) if the offender is aged 18 or over at the time of the
15offence.

29 An offence under section 26 of that Act (inciting a child family
member to engage in sexual activity) if the offender is aged 18 or
over at the time of the offence.

30 An offence under section 30 of that Act (sexual activity with a
20person with a mental disorder impeding choice) if the offender is
liable on conviction on indictment to imprisonment for life.

31 An offence under section 31 of that Act (causing or inciting a
person with a mental disorder to engage in sexual activity) if the
offender is liable on conviction on indictment to imprisonment for
25life.

32 An offence under section 34 of that Act (inducement, threat or
deception to procure sexual activity with a person with a mental
disorder) if the offender is liable on conviction on indictment to
imprisonment for life.

33 30An offence under section 35 of that Act (causing a person with a
mental disorder to engage in or agree to engage in sexual activity
by inducement etc) if the offender is liable on conviction on
indictment to imprisonment for life.

34 An offence under section 47 of that Act (paying for sexual services
35of a child) against a person aged under 16.

35 An offence under section 48 of that Act (causing or inciting child
prostitution or pornography).

36 An offence under section 49 of that Act (controlling a child
prostitute or a child involved in pornography).

37 40An offence under section 50 of that Act (arranging or facilitating
child prostitution or pornography).

38 An offence under section 62 of that Act (committing an offence
with intent to commit a sexual offence) if the offender is liable on
conviction on indictment to imprisonment for life.

39 An offence under section 5 of the Domestic Violence, Crime and
Victims Act 2004 (causing or allowing the death of a child or
vulnerable adult).

40 An offence under section 5 of the Terrorism Act 2006 (preparation
5of terrorist acts).

41 An offence under section 9 of that Act (making or possession of
radioactive device or materials).

42 An offence under section 10 of that Act (misuse of radioactive
devices or material and misuse and damage of facilities).

43 10An offence under section 11 of that Act (terrorist threats relating to
radioactive devices, materials or facilities).

44 (1) An attempt to commit an offence specified in the preceding
paragraphs of this Part of this Schedule (“a listed offence”) or
murder.

(2) 15Conspiracy to commit a listed offence or murder.

(3) Incitement to commit a listed offence or murder.

(4) An offence under Part 2 of the Serious Crime Act 2007 in relation
to which a listed offence or murder is the offence (or one of the
offences) which the person intended or believed would be
20committed.

(5) Aiding, abetting, counselling or procuring the commission of a
listed offence.

Part 2 Further offences under the law of England and Wales listed for the
25purposes of sections 224A(4) and 226A

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

45 Murder.

46 An offence under section 1 of the Sexual Offences Act 1956 (rape).

47 30An offence under section 5 of that Act (intercourse with a girl
under 13).

48 (1) An attempt to commit an offence specified in the preceding
paragraphs of this Part of this Schedule (“a listed offence”).

(2) Conspiracy to commit a listed offence.

(3) 35Incitement to commit a listed offence.

(4) An offence under Part 2 of the Serious Crime Act 2007 in relation
to which a listed offence is the offence (or one of the offences)
which the person intended or believed would be committed.

(5) Aiding, abetting, counselling or procuring the commission of a
40listed offence.

Part 3 Offences under service law listed for the purposes of sections 224A(4)
and 226A

49 An offence under section 70 of the Army Act 1955, section 70 of the
5Air Force Act 1955 or section 42 of the Naval Discipline Act 1957
as respects which the corresponding civil offence (within the
meaning of the Act in question) is an offence specified in Part 1 or
2 of this Schedule.

50 (1) An offence under section 42 of the Armed Forces Act 2006 as
10respects which the corresponding offence under the law of
England and Wales (within the meaning given by that section) is
an offence specified in Part 1 or 2 of this Schedule.

(2) Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc)
applies for the purposes of this paragraph as if the reference in
15subsection (3)(b) of that section to any of the following provisions
of that Act were a reference to this paragraph.

Part 4 Offences under the law of Scotland, Northern Ireland or a member
State other than the United Kingdom listed for the purposes of
20sections 224A(4) and 226A

51 An offence for which the person was convicted in Scotland,
Northern Ireland or a member State other than the United
Kingdom and which, if done in England and Wales at the time of
the conviction, would have constituted an offence specified in Part
251 or 2 of this Schedule.

Part 5 Interpretation

52 In this Schedule “imprisonment for life” includes custody for life
and detention for life.”

Section 114

30SCHEDULE 17 Life sentence for second listed offence: consequential and transitory
provision

Part 1 Consequential provision

35Mental Health Act 1983 (c. 20)Mental Health Act 1983 (c. 20)

1 In section 37 of the Mental Health Act 1983 (powers of courts to order
hospital admission) in subsection (1A), after paragraph (b) insert—

“(ba) under section 224A of the Criminal Justice Act 2003,”.

Criminal Justice Act 1988 (c. 33)Criminal Justice Act 1988 (c. 33)

2 In section 36 of the Criminal Justice Act 1988 (reviews of sentencing) in
subsection (2)(b)(iii) after “section” insert “224A,”.

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

3 5The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

4 In section 12 (absolute and conditional discharge) in subsection (1) before
“225(2)” insert “224A,”.

5 In section 130 (compensation orders against convicted persons) in
subsection (2) before “225(2)” insert “224A,”.

6 10In section 146 (driving disqualification for any offence) in subsection (2)
before “225(2)” insert “224A,”.

7 In section 164 (interpretation) in subsection (3)(c) after “section” insert
“224A,”.

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

8 15The Criminal Justice Act 2003 is amended as follows.

9 In section 108 (offences committed by defendant when a child), at the end
insert—

“(4) Subsection (2) does not prevent the admission of evidence of a
previous conviction for the purposes of establishing whether section
20224A applies.”

10 In section 142 (purposes of sentencing: offenders aged 18 and over) in
subsection (2)(c)—

(a) after “weapon)” insert “, under section 224A of this Act (life sentence
for second listed offence for certain dangerous offenders)”, and

(b) 25for “(dangerous offenders)” substitute “(imprisonment or detention
for life for certain dangerous offenders)”.

11 In section 150 (community sentence not available where sentence fixed by
law etc) at the end of paragraph (ca) (but before the “or”) insert—

“(cb) falls to be imposed under section 224A of this Act (life
30sentence for second listed offence for certain dangerous
offenders),”.

12 In section 152 (general restrictions on imposing discretionary custodial
sentence) in subsection (1)(b) before “225(2)” insert “224A,”.

13 In section 153 (length of discretionary custodial sentences: general
35provision) in subsection (1) before “225” insert “224A,”.

14 In section 163 (general power of Crown Court to fine offender convicted on
indictment) before “225(2)” insert “224A,”.

15 Before section 224 insert—

16 After section 224 (and before section 224A) insert—

17 After section 226 insert—

18 Before section 231 insert—

19 (1) 5Section 231 (appeals where convictions set aside) is amended as follows.

(2) Before subsection (1) insert—

“(A1) Subsection (2) applies where—

(a) a sentence has been imposed on a person under section 224A,

(b) a previous conviction of that person has been subsequently
10set aside on appeal, and

(c) without that conviction, the previous offence condition in
section 224A(4) would not have been met.”

(3) In subsection (1) for “This section” substitute “Subsection (2) also”.

(4) After subsection (2) insert—

“(3) 15Subsection (4) applies where—

(a) a sentence has been imposed on a person under section 224A,

(b) a previous sentence imposed on that person has been
subsequently modified on appeal, and

(c) taking account of that modification, the previous offence
20condition in section 224A(4) would not have been met.

(4) Notwithstanding anything in section 18 of the Criminal Appeal Act
1968, notice of appeal against the sentence mentioned in subsection
(3)(a) may be given at any time within 28 days from the date on
which the previous sentence was modified.”

20 25After section 232 insert—

“232A Certificates of conviction

Where—

(a) on any date after the commencement of Schedule 15B a
person is convicted in England and Wales of an offence listed
30in that Schedule, and

(b) the court by or before which the person is so convicted states
in open court that the person has been convicted of such an
offence on that date, and

(c) that court subsequently certifies that fact,

that certificate is evidence, for the purposes of section 224A, that the
person was convicted of such an offence on that date.”

21 In section 305(4) (interpretation of Part 12) after paragraph (ba) insert—

“(bb) a sentence falls to be imposed under section 224A if the court
5is obliged to pass a sentence of imprisonment for life under
that section,”.

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

22 In section 125(6) of the Coroners and Justice Act 2009 (sentencing guidelines:
duty of court) after paragraph (d) insert—

“(da) 10section 224A of that Act (life sentence for second listed
offence for certain dangerous offenders);”.

Part 2 Transitory provision

23 (1) In relation to any time before the coming into force of section 61 of the
15Criminal Justice and Court Services Act 2000 (abolition of sentences of
detention in a young offender institution, custody for life etc), Part 12 of the
Criminal Justice Act 2003 (sentencing) has effect with the following
modifications.

(2) In section 224A (life sentence for second listed offence)—

(a) 20in subsection (2), after “imprisonment for life” insert “or, in the case
of a person aged at least 18 but under 21, custody for life”, and

(b) in subsection (3), after “more” insert “or, if the person is aged at least
18 but under 21, a sentence of detention in a young offender
institution for such a period”.

Section 115

25SCHEDULE 18 New extended sentences: consequential and transitory provision

Part 1 Consequential provision

Juries Act 1974 (c. 23)Juries Act 1974 (c. 23)

1 30In Part 2 of Schedule 1 to the Juries Act 1974 (persons disqualified from jury
service) in paragraph 6(d), before “227” insert “226A, 226B,”.

Rehabilitation of Offenders Act 1974 (c. 53)Rehabilitation of Offenders Act 1974 (c. 53)

2 In section 5 of the Rehabilitation of Offenders Act 1974 (sentences excluded
from rehabilitation under that Act) in subsection (1)(f), before “227” insert
35“226A, 226B,”.

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

3 In section 32 of the Criminal Justice Act 1982 (early release of prisoners) in
subsection (1)(a), before “227” insert “226A or”.

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

4 5In section 35A of the Road Traffic Offenders Act 1988 (extension of
disqualification where custodial sentence imposed as well as driving
disqualification) in subsection (4) after paragraph (d) insert—

“(da) where section 226A of that Act (extended sentence for certain
violent or sexual offences: persons 18 or over) applies in
10relation to the custodial sentence, a period equal to two-
thirds of the term imposed pursuant to section 226A(5)(a) of
that Act after that term has been reduced by any relevant
discount;

(db) where section 226B of that Act (extended sentence for certain
15violent or sexual offences: persons under 18) applies in
relation to the custodial sentence, a period equal to two-
thirds of the term imposed pursuant to section 226B(3)(a) of
that Act after that term has been reduced by any relevant
discount;”.

20Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

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

6 In section 76 (meaning of “custodial sentence”) in subsection (1)(bc) after
“section” insert “226B or”.

7 (1) Section 99 (conversion of sentence of detention to sentence of imprisonment)
25is amended as follows.

(2) In subsection (3), omit the words from “; and” to the end.

(3) After that subsection insert—

“(3A) Where the Secretary of State gives a direction under subsection (1)
above in relation to an offender serving an extended sentence of
30detention imposed under Chapter 5 of Part 12 of the Criminal Justice
Act—

(a) if the sentence was imposed under section 226B of that Act,
the offender shall be treated as if the offender had been
sentenced under section 226A of that Act, and

(b) 35if the sentence was imposed under section 228 of that Act, the
offender shall be treated as if the offender had been sentenced
under section 227 of that Act.”

(4) In subsection (5)(c), after “section” insert “226B or”.

8 In section 100 (offenders under 18: detention and training orders) in
40subsection (1) after “226” insert “, 226B”.

9 In section 106A(1) (interaction of detention and training orders with
sentences of detention), in paragraph (b) of the definition of “sentence of
detention”, after “section” insert “226B or”.

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

10 The Criminal Justice and Court Services Act 2000 is amended as follows.

11 In section 62 (release on licence etc: conditions as to monitoring) in
subsection (5)(f), after “226” insert “, 226B”.

12 5In section 64 (release on licence: drug testing requirements) in subsection
(5)(f), after “226” insert “, 226B”.

Sexual Offences Act 2003 (c. 42)Sexual Offences Act 2003 (c. 42)

13 In section 131 of the Sexual Offences Act 2003 (young offenders:
application), in paragraph (l), before “228” insert “226B or”.

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

14 The Criminal Justice Act 2003 is amended as follows.

15 In section 153 (length of discretionary custodial sentences: general
provision) in subsection (2) before “227(2)” insert “226A(4), 226B(2)”.

16 In section 156 (pre-sentence reports and other requirements) in subsection
15(3)(a) after “226(1)(b),” insert “section 226A(1)(b), section 226B(1)(b)”.

17 In section 235 (detention under sections 226 and 228) after “226” insert “,
226B”.

18 In the heading of that section after “226” insert “, 226B”.

19 In section 327 (arrangements for assessing etc risks posed by certain
20offenders: interpretation) in subsection (3)(b)(vi) after “section” insert “226B
or”.

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

20 (1) Section 28 of the Offender Management Act 2007 (application of polygraph
conditions for certain offenders released on licence) is amended as follows.

(2) 25In subsection (3)(a) after “section” insert “226A or”.

(3) In subsection (3)(f) after “226” insert “, 226B”.

Part 2 Transitory provision

21 (1) In relation to any time before the coming into force of section 61 of the
30Criminal Justice and Court Services Act 2000 (abolition of sentences of
detention in a young offender institution, custody for life etc), Chapter 5 of
Part 12 of the Criminal Justice Act 2003 (sentencing: dangerous offenders)
has effect with the modifications in sub-paragraphs (2) and (3).

(2) In section 226A (extended sentence for certain violent or sexual offences:
35persons 18 or over), at the end insert—

“(10) In the case of a person aged at least 18 but under 21, this section has
effect as if—

(a) the reference in subsection (1)(c) to imprisonment for life
were to custody for life, and

(b) other references to imprisonment (including in the
expression “extended sentence of imprisonment”) were to
5detention in a young offender institution.”

(3) In section 226B (mandatory extended sentence for certain violent or sexual
offences: persons under 18), in subsection (7), for “18” substitute “21”.

22 (1) In relation to any time before the repeal of section 30 of the Criminal Justice
and Court Services Act 2000 (protection of children: supplemental) by
10Schedule 10 to the Safeguarding Vulnerable Groups Act 2006, that section
has effect with the modification in sub-paragraph (2).

(2) In subsection (1), in paragraph (dd) of the definition of “qualifying
sentence”, after “226” insert “, 226B”.

Section 116

SCHEDULE 19 15Release of new extended sentence prisoners: consequential provision

1 Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release and
recall) (as amended by Chapter 4 of Part 3 of this Act) is amended as follows.

2 In section 237 (meaning of “fixed-term prisoner” etc), in subsection (1)(b),
before “228” insert “226B or”.

3 20In section 238 (power of court to recommend licence conditions), in
subsection (4), after “Sentencing Act” insert “or section 226B”.

4 In section 240ZA (time remanded in custody to count as time served), in
subsection (12)—

(a) in paragraph (a), after “or section” insert “226B or”, and

(b) 25in paragraph (b), after “or section” insert “226A or”.

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

(2) In subsection (4)—

(a) before “227” insert “226A or”, and

(b) before “228” insert “226B or”.

(3) 30After subsection (5) insert—

“(5A) In respect of a prisoner serving an extended sentence imposed under
section 226A or 226B whose release is directed by the Board under
section 246A(5), a licence under—

(a) section 246A(5) (initial release), or

(b) 35section 255C (release after recall),

may not include conditions referred to in subsection (4)(b)(ii) unless
the Board directs the Secretary of State to include them.”

6 In section 255A (further release after recall), in subsection (7)(a) (meaning of
“extended sentence prisoner”) after “section” insert “226A, 226B,”.

7 (1) 40Section 260 (early removal of prisoners liable to removal from UK) is
amended as follows.