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

Legal Aid, Sentencing and Punishment of Offenders BillPage 240

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

(4) Sub-paragraphs (1) to (3) apply in place of section 244 (release on
5licence of prisoners serving twelve months or more).

Additional days

29 (1) Prison rules made by virtue of section 257 may include provision
for applying any provisions of this Chapter, in relation to any
person falling within sub-paragraph (2), as if the person had been
10awarded such number of additional days as may be determined
by or under the rules.

(2) A person falls within this sub-paragraph if—

(a) the person was released on licence under section 60 of the
1967 Act before 1 October 1992 and the licence was in force
15on that date, or

(b) the person was, on that date, serving a custodial sentence,

and (in either case) the person has forfeited any remission of the
sentence.

Concurrent or consecutive terms

30 20Paragraphs 31 to 33 apply where a person (“P”) is serving two or
more sentences of imprisonment and—

(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
25this Chapter at any time during the period beginning with
the first and ending with the last of those occasions.

31 (1) This paragraph applies where each of the sentences is a 1967 Act
sentence.

(2) Sections 263 and 264 (consecutive and concurrent terms) do not
30apply in relation to the sentences.

(3) For 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.

32 (1) 35This paragraph applies where—

(a) one or more of the sentences is a 1967 Act sentence, and

(b) one or more of them is a 1991 Act sentence.

(2) Sections 263 and 264 (consecutive and concurrent terms) do not
apply in relation to the sentences mentioned in sub-paragraph (1).

(3) 40For 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—

(a) the terms mentioned in sub-paragraph (1) are to be treated
as a single term, and

Legal Aid, Sentencing and Punishment of Offenders BillPage 241

(b) that single term is to be treated as if it were a 1967 Act
sentence.

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

(a) for the purpose of determining the single term mentioned
5in 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-
paragraph (5).

(5) 10That 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
or partly concurrent, by the longest of the extension
15periods;

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

(6) If P is also serving a 2003 Act sentence, sub-paragraph (3) is to be
applied before the period mentioned in section 263(2)(c)
20(concurrent terms) or paragraph 33(3) (consecutive terms) is
calculated.

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

(a) one or more of those sentences is a 1967 Act sentence, and

(b) 25one 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 1967 Act sentence or sentences.

(3) Nothing 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
30length of the periods which P must serve in relation to each of the
sentences mentioned in sub-paragraph (1).

Part 4 Provisions applying generally

Licence conditions

34 (1) 35This paragraph applies to any licence (a “Parole Board licence”)
which falls within sub-paragraph (2) or (3).

(2) A licence falls within this sub-paragraph if—

(a) it is or was granted to a person (“P”) on P’s release (at any
time) on the recommendation or direction of the Board,
40and

(b) P has not been released otherwise than on such a
recommendation or direction.

(3) A licence falls within this sub-paragraph if—

Legal Aid, Sentencing and Punishment of Offenders BillPage 242

(a) it is or was granted to a person (“P”) on P’s release (at any
time), and

(b) condition A or condition B is met.

(4) Condition A is that, before 2 August 2010, the Board exercised the
5function under section 37(5) of the 1991 Act of making
recommendations as to any condition to be included or inserted as
a condition in a licence granted to P (including by making a
recommendation that no condition should be included in such a
licence).

(5) 10Condition B is that, before 2 August 2010—

(a) P was released on licence under section 33(2), (3) or (3A) or
35(1) of the 1991 Act, and

(b) the Board exercised the function under section 37(5) of that
Act of—

(i) 15making recommendations as to the inclusion or
insertion of a condition in a licence granted to P
(including by making a recommendation that no
condition should be included in such a licence), or

(ii) making recommendations as to the variation or
20cancellation of any such condition (including a
recommendation that the condition should not be
varied or cancelled).

(6) The Secretary of State must not—

(a) include on release, or subsequently insert, a condition in a
25Parole Board licence, or

(b) vary or cancel any such condition,

except in accordance with directions of the Board.

Fine defaulters and contemnors

35 (1) This paragraph applies to any person if—

(a) 30the person has been committed to prison or to be detained
under section 108 of the Sentencing Act—

(i) in default of payment of a sum adjudged to be paid
by a conviction, or

(ii) for contempt of court or any kindred offence,

(b) 35the person was so committed or detained before 4 April
2005, and

(c) the term for which the person was committed or detained
is 12 months or more.

(2) As soon as a person to whom this paragraph applies has served
40two-thirds of the term, it is the duty of the Secretary of State to
release the person unconditionally.

(3) Sub-paragraph (2) applies in place of section 258(2) (early release
of fine defaulters and contemnors).

Early removal of prisoners liable to removal from UK

36 (1) 45This paragraph applies to any person who—

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(a) has served one-half of a sentence of imprisonment, and

(b) has not been released on licence under this Chapter.

(2) The reference in sub-paragraph (1)(a) to one-half of a sentence is—

(a) in the case of a section 85 extended sentence, a reference to
5one-half of the custodial term;

(b) in the case of an extended sentence imposed under section
227 or 228, a reference to one-half of the appropriate
custodial term.

37 (1) If a person to whom paragraph 36 applies—

(a) 10is liable to removal from the United Kingdom, and

(b) has not been removed from prison under section 260
during the period mentioned in subsection (1) of that
section,

the Secretary of State may remove the person from prison under
15that section at any time after the end of that period.

(2) Sub-paragraph (1) applies whether or not the Board has directed
the person’s release under paragraph 6, 15, 25 or 28.

Section 117

SCHEDULE 18 Life sentence for second listed offence etc: new Schedule 15B to Criminal
20Justice 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 Offences under the law of England and Wales listed for the purposes
25of 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—

1 Manslaughter.

2 An offence under section 4 of the Offences against the Person Act
301861 (soliciting murder).

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

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

5 35An offence under section 17(1) of that Act (use of a firearm to resist
arrest).

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

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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
meaning of the Firearms Act 1968.

8 5An 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 An offence under section 57 of that Act (possession of article for
10terrorist 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 An offence under section 47 of the Anti-terrorism, Crime and
15Security 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
or thing to cause harm or intimidate).

15 20An 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
conviction on indictment to imprisonment for life.

18 25An 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
under 13).

21 30An 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
35to engage in sexual activity).

24 An 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 40An offence under section 14 of that Act (arranging or facilitating
commission of a child sex offence).

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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
5offence.

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
10person 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
15life.

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 20An 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
25of 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 30An 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 35An 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
of terrorist acts).

41 40An 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).

Legal Aid, Sentencing and Punishment of Offenders BillPage 246

43 An 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
5murder.

(2) Conspiracy 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
10offences) which the person intended or believed would be
committed.

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

Part 2 15Further offences under the law of England and Wales listed for the
purposes 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 20An offence under section 1 of the Sexual Offences Act 1956 (rape).

47 An 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) 25Conspiracy to commit a listed offence.

(3) Incitement 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) 30Aiding, abetting, counselling or procuring the commission of a
listed offence.

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

49 35An offence under section 70 of the Army Act 1955, section 70 of the
Air 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.

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50 (1) An offence under section 42 of the Armed Forces Act 2006 as
respects 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) 5Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc)
applies for the purposes of this paragraph as if the reference in
subsection (3)(b) of that section to any of the following provisions
of that Act were a reference to this paragraph.

Part 4 10Offences under the law of Scotland, Northern Ireland or a member
State other than the United Kingdom listed for the purposes of
sections 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
15Kingdom and which, if done in England and Wales at the time of
the conviction, would have constituted an offence specified in Part
1 or 2 of this Schedule.

Part 5 Interpretation

52 20In this Schedule “imprisonment for life” includes custody for life
and detention for life.

Section 117

SCHEDULE 19 Life sentence for second listed offence: consequential and transitory
provision

25Part 1 Consequential provision

Mental 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) 30under 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 35The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

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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 5In 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 10The 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
15224A 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) 20for “(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
25sentence 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
30provision) 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,”.

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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,