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

Legal Aid, Sentencing and Punishment of Offenders BillPage 230

8 In section 264 (consecutive terms), after subsection (7) insert—

(8) This section is subject to paragraphs 21, 22, 31, 32 and 33 of Schedule
20B (transitional cases).

9 After section 267A (inserted by Schedule 16) insert—

267B 5 Modification of Chapter 6 in certain transitional cases

Schedule 20B (which modifies this Chapter so as to restate, with
minor amendments, the effect of transitional provisions relating to
the coming into force of this Chapter) has effect.

10 After Schedule 20A (inserted by Schedule 16) insert—

Section 267B

Schedule 20B 10Modifications of Chapter 6 of Part 12 in certain transitional cases

Part 1 Introductory

Interpretation

1 (1) The following provisions apply for the purposes of this Schedule.

(2) 15“The commencement date” means the date on which section 115 of
the Legal Aid, Sentencing and Punishment of Offenders Act 2012
comes into force.

(3) “The 1967 Act” means the Criminal Justice Act 1967.

(4) “The 1991 Act” means the Criminal Justice Act 1991.

(5) 20A “section 85 extended sentence” means an extended sentence
under section 85 of the Sentencing Act and includes (in accordance
with paragraph 1(3) of Schedule 11 to that Act) a sentence under
section 58 of the Crime and Disorder Act 1998.

(6) In relation to a section 85 extended sentence, “the custodial term”
25and “the extension period” have the meaning given by that
section.

(7) References to section 86 of the Sentencing Act include (in
accordance with paragraph 1(3) of Schedule 11 to that Act) section
44 of the 1991 Act as originally enacted.

(8) 30A “1967 Act sentence” is a sentence imposed before 1 October
1992.

(9) A “1991 Act sentence” is a sentence which is—

(a) imposed on or after 1 October 1992 but before 4 April 2005,
or

(b) 35imposed on or after 4 April 2005 but before the
commencement date and is either—

(i) imposed in respect of an offence committed before
4 April 2005, or

(ii) for a term of less than 12 months.

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(10) A “2003 Act sentence” is a sentence which is—

(a) imposed on or after the commencement date, or

(b) imposed on or after 4 April 2005 but before the
commencement date and is both—

(i) 5imposed in respect of an offence committed on or
after 4 April 2005, and

(ii) for a term of 12 months or more.

(11) Where an offence is found to have been committed over a period
of two or more days, or at some time during a period of two or
10more days, it is to be taken for the purposes of this Schedule to
have been committed on the last of those days.

Explanation of dates

2 The following dates (which are mentioned in this Schedule) are
dates on which changes to the law relating to the release and recall
15of prisoners came into force—

  • 1 October 1992 is the date on which Part 2 of the Criminal
    Justice Act 1991 came into force;

  • 30 September 1998 is the date on which certain provisions of
    the Crime and Disorder Act 1998 came into force;

  • 204 April 2005 is the date on which this Chapter came into force;

  • 9 June 2008 is the date on which section 26 of the Criminal
    Justice and Immigration Act 2008 came into force;

  • 14 July 2008 is the date on which certain other provisions of
    that Act came into force;

  • 252 August 2010 is the date on which section 145 of the
    Coroners and Justice Act 2009 came into force.

Part 2 Prisoners serving 1991 Act sentences etc

3 (1) This Part applies to certain persons serving a 1991 Act sentence.

(2) 30This Part also applies to a person serving a 2003 Act sentence
which is—

(a) a section 85 extended sentence, or

(b) an extended sentence imposed under section 227 or 228
before 14 July 2008.

(3) 35But this Part does not apply to a person who—

(a) has been released on licence under Part 2 of the 1991 Act,

(b) has been recalled to prison, and

(c) (whether or not having returned to custody in
consequence of that recall) is unlawfully at large on the
40commencement date.

Duty to release on licence at two-thirds of sentence

4 (1) This paragraph applies to a person in relation to whom—

(a) all the conditions in sub-paragraph (2) are met, and

Legal Aid, Sentencing and Punishment of Offenders BillPage 232

(b) the condition in any one or more of sub-paragraphs (3) to
(5) is met.

(2) The conditions in this sub-paragraph are that—

(a) the person has been convicted of an offence committed
5before 4 April 2005,

(b) the person is serving a sentence of imprisonment imposed
in respect of that offence on or after 1 October 1992 but
before the commencement date,

(c) the sentence or (in the case of a section 85 extended
10sentence) the custodial term is for a term of 4 years or
more, and

(d) the person has not previously been released from prison
on licence in respect of that sentence.

(3) The condition in this sub-paragraph is that the offence (or one of
15the offences) in respect of which the sentence was imposed is—

(a) an offence specified in Schedule 15 (specified violent
offences and specified sexual offences) as it had effect on 4
April 2005,

(b) an offence under any of sections 11, 12, 15 to 18, 54 and 56
20to 63 of the Terrorism Act 2000,

(c) an offence under any of sections 47, 50 and 113 of the Anti-
terrorism, Crime and Security Act 2001,

(d) an offence under section 12 of the Sexual Offences Act
1956,

(e) 25an offence of aiding, abetting counselling, procuring or
inciting the commission of an offence listed in any of
paragraphs (b) to (d), or

(f) an offence of conspiring or attempting to commit an
offence listed in any of paragraphs (b) to (d).

(4) 30The condition in this sub-paragraph is that the person has served
one-half of the sentence or (in the case of a section 85 extended
sentence) of the custodial term before 9 June 2008.

(5) The condition in this sub-paragraph is that—

(a) the person is serving the sentence by virtue of having been
35transferred to the United Kingdom in pursuance of a
warrant under section 1 of the Repatriation of Prisoners
Act 1984,

(b) the warrant was issued before 9 June 2008, and

(c) the offence (or one of the offences) for which the person is
40serving the sentence corresponds to murder or to any
offence specified in Schedule 15 as it had effect on 4 April
2005.

5 (1) As soon as a person to whom paragraph 4 applies has served two-
thirds of the sentence, it is the duty of the Secretary of State to
45release the person on licence under this paragraph.

(2) If the person is serving a section 85 extended sentence, the
reference in sub-paragraph (1) to two-thirds of the sentence is a
reference to two-thirds of the custodial term.

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(3) Sub-paragraphs (1) and (2) apply in place of section 244 (release on
licence of prisoners serving 12 months or more).

Duty to release on direction of Parole Board

6 (1) After a person to whom paragraph 4 applies has served one-half
5of the sentence, the Secretary of State must, if directed to do so by
the Board, release the person on licence under this paragraph.

(2) The Board must not give a direction under sub-paragraph (1)
unless the Board is satisfied that it is no longer necessary for the
protection of the public that the person should be confined.

(3) 10If the person is serving a section 85 extended sentence, the
references in this paragraph to one-half of the sentence are
references to one-half of the custodial term.

(4) Sub-paragraphs (1) to (3) apply in place of section 244 (release on
licence of prisoners serving 12 months or more).

15Release on licence at one-half of sentence: section 85 extended sentence prisoners

7 (1) This paragraph applies to a person if—

(a) the person has been convicted of an offence committed on
or after 30 September 1998 but before 4 April 2005,

(b) the person is serving a section 85 extended sentence in
20respect of that offence,

(c) the person has not previously been released from prison
on licence in respect of that sentence, and

(d) paragraph 4 does not apply to the person.

8 (1) As soon as a person to whom paragraph 7 applies has served one-
25half of the custodial term, it is the duty of the Secretary of State to
release the person on licence under this paragraph.

(2) Sub-paragraph (1) applies in place of section 243A or 244, as the
case may be (release of prisoners serving less than 12 months, or
serving 12 months or more).

30Duty to release unconditionally at three-quarters of sentence

9 (1) This paragraph applies to a person if—

(a) the person has been convicted of an offence committed
before 30 September 1998,

(b) the person is serving a sentence of imprisonment imposed
35in respect of that offence on or after 1 October 1992,

(c) the sentence is for a term of 12 months or more,

(d) the person has been released on licence under Part 2 of the
1991 Act, and

(e) the person has been recalled before 14 July 2008 (and has
40not been recalled after that date).

(2) But this paragraph does not apply if the court by which the person
was sentenced ordered that section 86 of the Sentencing Act
(extension of periods in custody and on licence in the case of
certain sexual offences) should apply.

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10 As soon as a person to whom paragraph 9 applies would (but for
the earlier release) have served three-quarters of the sentence, it is
the duty of the Secretary of State to release the person
unconditionally.

5Duty to release on licence at three-quarters of sentence

11 (1) This paragraph applies to a person who—

(a) has been convicted of an offence committed on or after 30
September 1998 but before 4 April 2005,

(b) is serving a sentence of imprisonment for a term of 12
10months or more imposed in respect of that offence,

(c) has been released on licence under Part 2 of the 1991 Act,
and

(d) has been recalled before 14 July 2008 (and has not been
recalled after that date).

(2) 15But this paragraph does not apply if the person has been released
and recalled more than once.

(3) Nor does this paragraph apply if the sentence is a section 85
extended sentence (paragraph 13 applying to such a case instead).

12 As soon as a person to whom paragraph 11 applies would (but for
20the earlier release) have served three-quarters of the sentence, it is
the duty of the Secretary of State to release the person on licence.

Release on licence: re-release of section 85 extended sentence prisoners

13 (1) This paragraph applies to a person who—

(a) has been convicted of an offence committed on or after 30
25September 1998 but before 4 April 2005,

(b) is serving a section 85 extended sentence imposed in
respect of that offence,

(c) has been released on licence under Part 2 of the 1991 Act,
and

(d) 30has been recalled before 14 July 2008 (and has not been
recalled after that date).

(2) But this paragraph does not apply if the person has been released
and recalled more than once.

14 (1) If a person to whom paragraph 13 applies is serving a sentence
35with a custodial term of less than 12 months, it is the duty of the
Secretary of State to release the person on licence as soon as the
person would (but for the earlier release) have served the period
found by adding—

(a) one-half of the custodial term, and

(b) 40the extension period.

(2) If a person to whom paragraph 13 applies is serving a sentence
with a custodial term of 12 months or more, it is the duty of the
Secretary of State to release the person on licence as soon as the
person would (but for the earlier release) have served the period
45found by adding—

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(a) three-quarters of the custodial term, and

(b) the extension period.

Release of section 227 or 228 extended sentence prisoners: Parole Board direction

15 (1) This paragraph applies to a person (“P”) who is serving an
5extended sentence under imposed section 227 or 228 before 14 July
2008.

(2) Section 247 (release of prisoner on licence) applies to P with the
following modifications.

(3) The Secretary of State must not release P under subsection (2) of
10that section unless the Board has directed P’s release under that
subsection.

(4) The Board must not give a direction under sub-paragraph (3)
unless the Board is satisfied that it is no longer necessary for the
protection of the public that the person should be confined.

(5) 15As soon as P has served the appropriate custodial term, the
Secretary of State must release P on licence, unless P has
previously been recalled under section 254.

Licence to remain in force to three-quarters of sentence

16 (1) This paragraph applies to a person to whom paragraph 4 applies.

(2) 20This paragraph also applies to a person if—

(a) the person has been convicted of an offence committed
before 4 April 2005,

(b) the person is serving a sentence of imprisonment imposed
in respect of that offence on or after 1 October 1992 but
25before the commencement date,

(c) that sentence is for a term of 12 months or more but less
than 4 years, and

(d) the person has not previously been released from prison
on licence in respect of that sentence.

(3) 30This paragraph also applies to a person if—

(a) the person has been convicted of an offence committed
before 4 April 2005,

(b) the person is serving a sentence of imprisonment imposed
in respect of that offence on or after 1 October 1992,

(c) 35that sentence is for a term of 12 months or more,

(d) the person has been released on licence under Part 2 of the
1991 Act, and

(e) the person has been recalled before 14 July 2008 (and has
not been recalled after that date).

(4) 40But this paragraph does not apply if the person has been released
and recalled more than once.

(5) Nor does this paragraph apply if—

(a) the person is serving a section 85 extended sentence, or

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(b) the court by which the person was sentenced ordered that
section 86 of the Sentencing Act (extension of periods in
custody and on licence in the case of certain sexual
offences) should apply.

(6) 5If a person has been—

(a) released under section 34A of the 1991 Act or section 246
(home detention curfew), and

(b) recalled under section 38A(1)(b) of the 1991 Act or section
255(1)(b) (no longer possible to monitor curfew),

10the release and recall are to be disregarded for the purposes of this
paragraph.

17 (1) Where a person to whom paragraph 16 applies is released on
licence under section 244 or paragraph 5 or 6, the licence shall
remain in force until the date on which the person would (but for
15the release) have served three-quarters of the sentence.

(2) Sub-paragraph (1) is subject to any revocation under section 254.

(3) Sub-paragraphs (1) and (2) apply in place of section 249 (duration
of licence).

Period for which licence to remain in force: section 85 extended sentence prisoners

18 20This paragraph applies to a person who—

(a) has been convicted of an offence committed on or after 30
September 1998 but before 4 April 2005,

(b) is serving a section 85 extended sentence imposed in
respect of that offence, and

(c) 25has not previously been released from prison on licence in
respect of that sentence.

19 (1) Where a person to whom paragraph 18 applies is released on
licence and the custodial term is less than 12 months, the licence
shall remain in force until the end of the period found by adding—

(a) 30one-half of the custodial term, and

(b) the extension period.

(2) Where a person to whom paragraph 18 applies is released on
licence and the custodial term is 12 months or more, the licence
shall remain in force until the end of the period found by adding—

(a) 35three-quarters of the custodial term, and

(b) the extension period.

(3) Sub-paragraphs (1) and (2) are subject to any revocation under
section 254.

(4) Sub-paragraphs (1) to (3) apply in place of section 249 (duration of
40licence).

Concurrent or consecutive terms

20 Paragraphs 21 and 22 apply where a person (“P”) is serving two or
more sentences of imprisonment imposed on or after 1 October
1992 and—

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(a) the sentences were passed on the same occasion, or

(b) where they were passed on different occasions, the person
has not been released under Part 2 of the 1991 Act or under
this Chapter at any time during the period beginning with
5the first and ending with the last of those occasions.

21 (1) This paragraph applies if each of the sentences is a 1991 Act
sentence.

(2) Sections 263 and 264 (consecutive and concurrent terms) do not
apply in relation to the sentences.

(3) 10For the purposes of any reference in this Chapter, however
expressed, to the term of imprisonment to which P has been
sentenced or which, or part of which, P has served, the terms are
to be treated as a single term.

(4) If one or more of the sentences is a section 85 extended sentence—

(a) 15for the purpose of determining the single term mentioned
in sub-paragraph (3), the extension period or periods is or
are to be disregarded, and

(b) the period for which P is to be on licence in respect of the
single term is to be increased in accordance with sub-
20paragraph (5).

(5) That period is to be increased—

(a) if only one of the sentences is a section 85 extended
sentence, by the extension period;

(b) if there is more than one such sentence and they are wholly
25or partly concurrent, by the longest of the extension
periods;

(c) if there is more than one such sentence and they are
consecutive, by the aggregate of the extension periods.

22 (1) This paragraph applies where two or more sentences are to be
30served consecutively on each other and—

(a) one or more of those sentences is a 1991 Act sentence, and

(b) one or more of them is a 2003 Act sentence.

(2) Section 264 does not affect the length of the period which P must
serve in prison in respect of the 1991 Act sentence or sentences.

(3) 35Nothing in this Chapter requires the Secretary of State to release P
until P has served a period equal in length to the aggregate of the
length of the periods which P must serve in relation to each of the
sentences mentioned in sub-paragraph (1).

(4) If P is also serving one or more 1967 Act sentences, paragraphs 32
40and 33 apply instead of this paragraph.

Part 3 Prisoners serving 1967 Act sentences

23 (1) This Part applies to certain persons serving a 1967 Act sentence.

(2) But this Part does not apply to a person who—

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(a) has been released on licence,

(b) has been recalled to prison, and

(c) (whether or not having returned to custody in
consequence of that recall) is unlawfully at large on the
5commencement date.

(3) In this Part, references to release under Part 2 of the 1991 Act
include release under section 60 of the 1967 Act.

Sentence of more than 12 months imposed before 1 October 1992

24 (1) This paragraph applies to a person if—

(a) 10the person is serving a sentence of imprisonment imposed
before 1 October 1992,

(b) the sentence is for a term of more than 12 months, and

(c) the person has not previously been released from prison
on licence in respect of that sentence.

(2) 15This paragraph also applies to a person if—

(a) the person is serving a sentence of imprisonment imposed
before 1 October 1992,

(b) the sentence is for a term of more than 12 months,

(c) the person has been released on licence under Part 2 of the
201991 Act, and

(d) the person has been recalled before 14 July 2008 (and has
not been recalled after that date).

(3) But this paragraph does not apply if, on the passing of the
sentence, an extended sentence certificate was issued (see
25paragraph 27).

(4) If a person has been—

(a) released under section 34A of the 1991 Act or section 246
(home detention curfew), and

(b) recalled under section 38A(1)(b) of the 1991 Act or section
30255(1)(b) (no longer possible to monitor curfew),

the release and recall are to be disregarded for the purposes of this
paragraph.

25 (1) It is the duty of the Secretary of State to release a person
unconditionally under this paragraph—

(a) 35in the case of a person falling within paragraph 24(1), as
soon as the person has served two-thirds of the sentence;

(b) in the case of a person falling within paragraph 24(2), as
soon as the person would (but for the earlier release) have
served two-thirds of the sentence.

(2) 40After a person falling within paragraph 24(1) has served one-third
of the sentence or six months, whichever is longer, the Secretary of
State must, if directed to do so by the Board, release the person on
licence under this paragraph.

(3) The Board must not give a direction under sub-paragraph (2)
45unless the Board is satisfied that it is no longer necessary for the
protection of the public that the person should be confined.

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(4) Sub-paragraphs (1) to (3) apply in place of section 244 (release on
licence of prisoners serving 12 months or more).

26 (1) Where a person to whom paragraph 24 applies is released on
licence under paragraph 25, the licence shall remain in force until
5the date on which the person would (but for the release) have
served two-thirds of the sentence.

(2) Sub-paragraph (1) is subject to any revocation under section 254.

(3) Sub-paragraphs (1) and (2) apply in place of section 249 (duration
of licence).

10Extended sentence of more than 12 months imposed before 1 October 1992

27 (1) This paragraph applies to a person if—

(a) the person is serving a sentence of imprisonment imposed
before 1 October 1992,

(b) the sentence is for a term of more than 12 months,

(c) 15on the passing of the sentence an extended sentence
certificate was issued, and

(d) the person has not previously been released from prison
on licence in respect of that sentence.

(2) This paragraph also applies to a person if—

(a) 20the person is serving a sentence of imprisonment imposed
before 1 October 1992,

(b) the sentence is for a term of more than 12 months,

(c) on the passing of the sentence an extended sentence
certificate was issued,

(d) 25the person has been released on licence under Part 2 of the
1991 Act, and

(e) the person has been recalled before 14 July 2008 (and has
not been recalled after that date).

(3) In this paragraph “extended sentence certificate” means a
30certificate was issued under section 28 of the Powers of Criminal
Courts Act 1973 (punishment of persistent offenders) stating that
an extended term of imprisonment was imposed on the person
under that section.

28 (1) It is the duty of the Secretary of State to release a person to whom
35paragraph 27 applies on licence under this paragraph—

(a) in the case of a person falling within paragraph 27(1), as
soon as the person has served two-thirds of the sentence;

(b) in the case of a person falling within paragraph 27(2), as
soon as the person would (but for the earlier release) have
40served two-thirds of the sentence.

(2) After a person falling within paragraph 27(1) has served one-third
of the sentence or six months, whichever is longer, the Secretary of
State must, if directed to do so by the Board, release the person on
licence under this paragraph.