Legal Aid, Sentencing and Punishment of Offenders Bill (HL Bill 129)

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

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

4 5In section 373(3) (orders, regulations and rules)—

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

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

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

Part 2 10Other amendments

Criminal Appeal Act 1968 (c. 19)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”.

15Immigration Act 1971 (c. 77)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)1988 (c. 53)

8 20In 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”.

25Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)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
30“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) 35in 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)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”.

Section 105

5SCHEDULE 14 Prisoners serving less than 12 months: consequential amendments

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

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

(a) 10in 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)1997 (c. 43)

2 In Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within
15the 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)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) 20in 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)2001 (c. 17)

4 In Schedule 7 to the International Criminal Court Act 2001 (domestic
25provisions not applicable to ICC prisoners), in paragraph 3(1), for “sections
244” substitute “sections 243A”.

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

5 The Criminal Justice Act 2003 is amended as follows.

6 (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”.

7 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)”.

8 (1) 5Section 249 (duration of licence) is amended as follows.

(2) In 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
10licence, the licence shall, subject to any revocation under section 254
or 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) 15for “Subsection (1) has” substitute “Subsections (1) and (1A) have”;

(b) omit “and (4)”.

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

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

11 In 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
25(a) or (b) of section 243A(3) or (as the case may be)”.

12 (1) Section 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) 30In subsection (6)—

(a) in 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) 35after “but for his” insert “release from prison and”;

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

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

(a) after paragraph (a) insert—

“(aa) 40the offender’s release is to be unconditional if section
243A 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
that release is unconditional)”.

14 In section 264 (consecutive terms)—

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

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

(c) after subsection (3) insert—

“(3A) Where the aggregate length of the terms of imprisonment is
10less than 12 months, the offender’s release under this Chapter
is to be unconditional.”;

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

(e) in subsection (6)(a)(ii)—

(i) for “a term of twelve months or more” substitute “any other
15sentence”;

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

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

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

16 20The heading of Chapter 6 of Part 12 becomes “Release, licences and recall”.

Commencement of repeal

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

(a) 25is of less than 12 months (whether or not such a sentence is imposed
to run concurrently or consecutively with another such sentence),
and

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

30and 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 114

SCHEDULE 15 Application of sections 102 to 113 and transitional and transitory provision

1 35In this Schedule—

(a) “the commencement date”, in relation to any of sections 102 to 113,
means the day appointed under section 140 for the coming into force
of that section;

(b) “Chapter 6” means Chapter 6 of Part 12 of the 2003 Act, as amended
40by 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
released under Chapter 6 on or after the commencement date—

(a) section 102 (but this is subject to sub-paragraph (2));

(b) in section 104—

(i) 5subsections (1) to (7), (9) and (11) so far as they relate to
section 240ZA of the 2003 Act, and

(ii) subsection (10);

(c) section 105;

(d) section 109;

(e) 10section 110.

(2) Section 111 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.

(3) Where a court, before the commencement date, has given a direction under
15section 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
240ZA);

(b) 20in 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 103;

(b) in section 104—

(i) 25subsections (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 106 do not affect the release under
Chapter 6 of any prisoner before the commencement date.

5 30Section 107 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 108 applies in relation to any person recalled under that section on
or after the commencement date.

7 35Section 113 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 115

SCHEDULE 16 Amendments of the Criminal Justice Act 2003: transitional and consequential
provision

Part 1 5Transitional provision

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
10they apply to persons serving a sentence for an offence committed
before 4 April 2005) has effect.”

3 After Schedule 20 insert—

Section 267A

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

1 In this Schedule—

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

• “the commencement date” means the date on which section
  115 of the Legal Aid, Sentencing and Punishment of
  Offenders Act 2012 comes into force.

2 Paragraphs 3 to 9 apply in relation to any person serving a
20sentence for an offence committed before 4 April 2005, whenever
that sentence was imposed (see section 115(1) of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012).

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
25in 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 30Section 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
354(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
40reference 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)
5or (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
10the 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) 15A 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
20be 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) 25A 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
30section) 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) 35In 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
40under 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
5made 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) 10the 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
15term 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
20imposed 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)1984 (c. 47)

4 25In 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)1991 (c. 53)

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

Crime (Sentences) Act 1997 (c. 43)1997 (c. 43)

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

7 35In 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
40to 264A” substitute “, 254 to 264A, 267A and 267B”.

Extradition Act 2003 (c. 41)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) 5omit 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) 10in 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
1512”.

Criminal Justice Act 2003 (c. 44)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) 20The 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
25Provisions) Order 2008 (S.I. 2008/1586S.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).

30Domestic Violence, Crime and Victims Act 2004 (c. 28)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)2006 (c. 48)

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

35Criminal Justice and Immigration Act 2008 (c. 4)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)2009 (c. 25)

21 In the Coroners and Justice Act 2009, omit—

(a) section 145;

(b) paragraph 43 of Schedule 22.

5Criminal Justice and Immigration Act 2008 (Commencement No.1 and Transitional
Provisions) Order 2008 (S.I. 2008/1466S.I. 2008/1466)

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

Section 115

SCHEDULE 17 10Criminal Justice Act 2003: restatement of transitional provision

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
15(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
20paragraph 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
25follows.

(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
3020B”.

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 35In section 263 (concurrent terms), after subsection (4) insert—

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