111 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
5detention)—

(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
10of 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) 15after “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
20sentences 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) 25In 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) 30before “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) 35in 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. 2005/643S.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.

112 40Repeal of uncommenced provisions

(1) This section repeals certain provisions which have not been commenced.

(2) Omit section 266 of the Criminal Justice Act 2003 (which amends section 64 of
the Criminal Justice and Court Services Act 2000 in relation to drug testing
requirements).

(3) Omit section 34 of the Police and Justice Act 2006 (which makes amendments
5of Part 12 of the Criminal Justice Act 2003 relating to imprisonment for bail
offences).

(4) Omit the following provisions of the Criminal Justice and Immigration Act
2008 (which relate to the early release of persons with a settled intention of
residing permanently outside the UK)—

(a) 10section 33(2), (4), (7) and (8) (amendments of the Criminal Justice Act
1991);

(b) section 34(2), (4)(b), (7) and (10) (amendments of the Criminal Justice
Act 2003).

(5) In Schedule 8 to the Crime and Disorder Act 1998 (minor and consequential
15amendments) omit—

(a) paragraph 86 (amendments of section 41 of the Criminal Justice Act
1991);

(b) paragraph 90 (amendment of section 47 of that Act).

Life sentence prisoners

113 20Removal of prisoners from the United Kingdom

After section 32 of the Crime (Sentences) Act 1997 insert—

“Persons liable to removal from the United Kingdom

32A Removal of prisoners liable to removal from United Kingdom

(1) Where P—

(a) 25is a life prisoner in respect of whom a minimum term order has
been made, and

(b) is liable to removal from the United Kingdom,

the Secretary of State may remove P from prison under this section at
any time after P has served the relevant part of the sentence (whether
30or not the Parole Board has directed P’s release under section 28).

(2) But if P is serving two or more life sentences—

(a) this section does not apply to P unless a minimum term order
has been made in respect of each of those sentences; and

(b) the Secretary of State may not remove P from prison under this
35section until P has served the relevant part of each of them.

(3) If P is removed from prison under this section—

(a) P is so removed only for the purpose of enabling the Secretary
of State to remove P from the United Kingdom under powers
conferred by—

(i) 40Schedule 2 or 3 to the Immigration Act 1971, or

(ii) section 10 of the Immigration and Asylum Act 1999, and

(b) so long as remaining in the United Kingdom, P remains liable to
be detained in pursuance of the sentence.

(4) So long as P, having been removed from prison under this section,
remains in the United Kingdom but has not been returned to prison,
any duty or power of the Secretary of State under section 28 or 30 is
exercisable in relation to P as if P were in prison.

(5) 5In this section—

• “liable to removal from the United Kingdom” has the meaning
  given by section 259 of the Criminal Justice Act 2003;

• “the relevant part” has the meaning given by section 28.

32B Re-entry into United Kingdom of offender removed from prison

(1) 10This section applies if P, having been removed from prison under
section 32A, is removed from the United Kingdom.

(2) If P enters the United Kingdom—

(a) P is liable to be detained in pursuance of the sentence from the
time of P’s entry into the United Kingdom;

(b) 15if 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
treated as if P had been recalled to prison under section 32.

(3) 20A 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
Kingdom.”

25Application and transitional provision

114 Application and transitional etc provision

Schedule 15 (provision about the application of sections 102 to 113 and
transitional and transitory provision) has effect.

Simplification of existing transitional provisions

115 30Simplification 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
35apply 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) 40In 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
5Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and
Transitional and Saving Provisions) Order 2008 (S.I. 2005/950S.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
10of periods in custody and on licence in the case of certain sexual offences) is
repealed.

(5) Schedule 16 (transitional and other provision consequential on this section) has
effect.

(6) Schedule 17 (amendments to the 2003 Act restating the effect of certain
15transitional and other provision relating to the release and recall of prisoners)
has effect.

CHAPTER 5 Dangerous offenders

116 Abolition of certain sentences for dangerous offenders

In Chapter 5 of Part 12 of the Criminal Justice Act 2003 (sentencing: dangerous
20offenders) omit—

(a) section 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) 25section 227 (extended sentence for certain violent or sexual offences:
persons 18 or over), and

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

117 Life sentence for second listed offence

(1) 30In Chapter 5 of Part 12 of the Criminal Justice Act 2003 (sentencing: dangerous
offenders), 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
351 of Schedule 15B,

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

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

(2) 40The court must impose a sentence of imprisonment for life unless the
court 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
5seriousness 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) 10at 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
15offender for the previous offence.

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

(a) the 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
20that period but for the reduction of the period of ineligibility to
take account of a relevant pre-sentence period.

(6) An 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
25years or more.

(7) Any other extended sentence is relevant for the purposes of subsection
(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
30period of 10 years or more.

(9) An extended sentence or other sentence of imprisonment or detention
is 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) 35For the purposes of subsections (4) to (9)—

• “extended sentence” means—

  (a)

  a 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
  40of the Armed Forces Act 2006), or

  (b)

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

• “life sentence” means—

  (a)

  45a life sentence as defined in section 34 of the Crime
  (Sentences) Act 1997, or

  Legal Aid, Sentencing and Punishment of Offenders BillPage 95

  (b)

  an 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
  5referred to in subsection (4), means any period which the
  offender 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) 10An offence the sentence for which is imposed under this section is not
to be regarded as an offence the sentence for which is fixed by law.”

(2) Schedule 18 (new Schedule 15B to the Criminal Justice Act 2003) has effect.

(3) Schedule 19 (life sentence for second listed offence: consequential and
transitory provision) has effect.

118 15New extended sentences

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

“226A Extended sentence for certain violent or sexual offences: persons 18 or
20over

(1) This section applies where—

(a) a 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) 25the 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) the court is not required by section 224A or 225(2) to impose a
sentence of imprisonment for life, and

(d) 30condition A or B is met.

(2) Condition A is that, at the time the offence was committed, the offender
had 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
35custodial term would be at least 4 years.

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

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

(a) 40the appropriate custodial term, and

(b) a further period (the “extension period”) for which the offender
is 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
public from serious harm occasioned by the commission by the
offender of further specified offences, subject to subsections (8) and (9).

(8) 5The 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) The term of an extended sentence of imprisonment imposed under this
section in respect of an offence must not exceed the term that, at the
10time 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) 15a person aged under 18 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
20offender of further specified offences,

(c) the 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
25would be at least 4 years.

(2) The 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) 30the appropriate custodial term, and

(b) a 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) 35The extension period must be a period of such length as the court
considers 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) 405 years in the case of a specified violent offence, and

(b) 8 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
45permitted for the offence in the case of a person aged 18 or over.”

(2) Schedule 20 (new extended sentences: consequential and transitory provision)
has effect.

119 New extended sentences: release on licence etc

(1) Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release and
5recall) is amended as follows.

(2) In 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
10section 226A or 226B

(1) This section applies to a prisoner (“P”) who is serving an extended
sentence 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
15purposes of this section unless either or both of the following
conditions are met—

(a) the 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
20more offences listed in that Part of that Schedule.

(3) If either or both of those conditions are met, it is the duty of the
Secretary 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) 25as soon as P has served the requisite custodial period, and

(b) where there has been a previous reference of P’s case to the
Board 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) 30It is the duty of the Secretary of State to release P on licence under this
section as soon as—

(a) P 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) 35the 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
protection 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
40has previously been released on licence under this section and recalled
under section 254 (provision for the release of such persons being made
by section 255C).

(8) For the purposes of this section—

Legal Aid, Sentencing and Punishment of Offenders BillPage 98

• “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)

  in relation to a person serving one sentence, two-thirds
  5of 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) Schedule 21 (release of new extended sentence prisoners: consequential
10provision) has effect.

120 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 a discretionary release prisoner, the Parole
Board—

(a) 15must 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) “Discretionary release prisoner” means—

(a) 20an 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.

(3) 25An order under this section may—

(a) amend 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) 30amend 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),

(d) make provision in relation to any person whose case is disposed of by
the Parole Board on or after the day on which the regulations come into
35force (even if the Secretary of State referred that person’s case to the
Board before that day),

(e) make different provision in relation to each of the categories of
discretionary release prisoner mentioned in subsection (2), and

(f) include consequential provision.

(4) 40An order under this section is to be made by statutory instrument.

(5) 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.

(6) In this section—

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

Legal Aid, Sentencing and Punishment of Offenders BillPage 99

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

  (a)

  a sentence of imprisonment for public protection or detention in
  a young offender institution for public protection under section
  5225 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
  of the Criminal Justice Act 2003 (including one imposed as a
  result of section 221 of the Armed Forces Act 2006);

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

CHAPTER 6 Prisoners etc

121 Employment 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
15for 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
20secure training centres or young offender institutions;

(b) the 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) 25Rules made under this section may—

(a) make different provision for different cases;

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

(4) After that section insert—

“47A 30Rules about employment in prisons etc

(1) The 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
35unemployment.

(2) The 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) 40other activities undertaken by the prisoner, or

(c) the prisoner’s unemployment,