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Legal Aid, Sentencing and Punishment of Offenders BillPage 250

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 118

25SCHEDULE 20 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,”.

Legal Aid, Sentencing and Punishment of Offenders BillPage 251

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 2003—

(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”.

Legal Aid, Sentencing and Punishment of Offenders BillPage 252

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—

Legal Aid, Sentencing and Punishment of Offenders BillPage 253

(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 (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 119

SCHEDULE 21 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 (11)

(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.

Legal Aid, Sentencing and Punishment of Offenders BillPage 254

(2) After subsection (2) insert—

(2A) If a fixed-term prisoner serving an extended sentence imposed under
section 226A or 226B—

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

(b) 5has not been removed from prison under this section during
the period mentioned in subsection (1),

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

(2B) Subsection (2A) applies whether or not the Board has directed the
10prisoner’s release under section 246A.

(3) In subsection (5), after “244” (but before “, 247”) insert “, 246A”.

(4) In subsection (7), before paragraph (a) insert—

(za) in relation to a prisoner serving an extended sentence
imposed under section 226A or 226B, has the meaning given
15by paragraph (a) or (b) of the definition in section 246A(8);.

8 (1) Section 261 (re-entry to UK of offender removed early) is amended as
follows.

(2) In subsection (5)(b) for “or 244” substitute “, 244 or 246A”.

(3) In subsection (6), in the definition of “requisite custodial period”, before
20paragraph (a) insert—

(za) in relation to a prisoner serving an extended sentence
imposed under section 226A or 226B, has the meaning given
by paragraph (a) or (b) of the definition in section 246A(8);.

9 In section 263 (concurrent terms), in subsection (4), before “228” insert “226B
25or”.

10 (1) Section 264 (consecutive terms) is amended as follows.

(2) In subsection (6)(a) (definition of “custodial period”), before sub-paragraph
(i) insert—

(zi) in relation to an extended sentence imposed under
30section 226A or 226B, means two-thirds of the
appropriate custodial term determined by the court
under that section,.

(3) In subsection (7) before “228” insert “226B or”.

11 In section 265 (restriction on consecutive sentences for released prisoners),
35in subsection (2), before “228” insert “226B or”.

Section 124

SCHEDULE 22 Penalty notices for disorderly behaviour

Criminal Justice and Police Act 2001 (c. 16)Criminal Justice and Police Act 2001 (c. 16)

1 Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (on the spot
40penalties for disorderly behaviour) is amended as follows.

Legal Aid, Sentencing and Punishment of Offenders BillPage 255

2 In section 1 (offences leading to penalties on the spot) omit subsections (4)
and (5) (provision about orders under subsections (2) and (3) of that section).

3 (1) Section 2 (penalty notices) is amended as follows

(2) In subsection (1) for “10” substitute “18”.

(3) 5After subsection (1) insert—

(1A) If the offence mentioned in subsection (1) is a relevant penalty
offence, the constable may give the person a penalty notice with an
education option.

(4) Omit subsection (2) (requirement that constable giving a penalty notice
10other than at a police station be in uniform).

(5) Omit subsection (3) (requirement that constable giving a penalty notice at a
police station be an authorised constable).

(6) In subsection (4)—

(a) after “Chapter”, in the first place it appears, insert

(b) at the end insert ;

(7) After subsection (4) insert—

(4A) 35In this section, “relevant penalty offence” means a penalty offence in
relation to which there is an approved educational course.

(4B) The Secretary of State may by regulations make provision about the
revocation of penalty notices.

(8) Omit subsection (5) (definition of “authorised constable”).

(9) 40Omit subsections (6) to (9) (Secretary of State order making power and
associated provision).

Legal Aid, Sentencing and Punishment of Offenders BillPage 256

4 After section 2 (penalty notices) insert—

2A Educational course schemes

(1) A chief officer of police may establish an educational course scheme
under this section in relation to one or more kinds of penalty offence
5committed in the chief officer’s area.

(2) An educational course scheme must include arrangements—

(a) for educational courses relating to the penalty offences to
which the scheme relates to be provided to persons who are
given penalty notices with an education option, and

(b) 10for a course fee set by the chief officer of police—

(i) to be paid by a person who attends an educational
course, and

(ii) to be refunded in such circumstances (if any) as the
chief officer considers appropriate.

(3) 15The purpose of an educational course mentioned in subsection (2)
must be to reduce the likelihood of those who take the course
committing the penalty offence, or penalty offences, to which the
course relates.

(4) An educational course may be provided by any person who, and
20have any content that, the chief officer of police considers
appropriate given its purpose.

(5) The Secretary of State may by regulations—

(a) provide that the fee mentioned in subsection (2)(b) may not
be—

(i) 25less than an amount specified in the regulations, or

(ii) more than an amount so specified;

(b) make provision for and in connection with the disclosure, for
the purpose of running an educational course scheme, of
relevant personal information between—

(i) 30a person who is involved in the provision of an
educational course under the scheme,

(ii) the chief officer of police who established the scheme,
and

(iii) any other person specified or described in the
35regulations;

(c) make provision about the use of relevant personal
information for that purpose;

(d) place restrictions on the disclosure or use of relevant personal
information.

(6) 40In subsection (5) “relevant personal information” means any
information that relates to, and identifies, a person who has been
given a penalty notice with an education option.

(7) In this section’s application in relation to the Chief Constable of the
British Transport Police Force, subsection (1) has effect as if the
45reference to one or more kinds of penalty offence committed in a
chief officer of police’s area were a reference to one or more kinds of
penalty offence—

Legal Aid, Sentencing and Punishment of Offenders BillPage 257

(a) committed at, or in relation to, any of the places mentioned in
section 31(1)(a) to (f) of the Railways and Transport Safety
Act 2003 (places where a constable of the British Transport
Police Force has the powers of a constable), or

(b) 5otherwise relating to a railway.

(8) In subsection (7) “railway” means—

(a) a railway within the meaning given by section 67(1) of the
Transport and Works Act 1992 (interpretation), or

(b) a tramway within the meaning given by that section.

5 (1) 10Section 3 (amount of penalty and form of penalty notice) is amended as
follows.

(2) Omit subsection (1A) (Secretary of State may specify different penalties for
persons of different ages).

(3) After subsection (3) insert—

(3A) 15The Secretary of State may by regulations require information in
addition to that mentioned in subsection (3) to be included in, or to
be provided with, a penalty notice with an education option.

(4) Omit subsections (5) and (6) (provision relating to orders under that section).

6 (1) Section 4 (effect of penalty notice) is amended as follows.

(2) 20In subsection (5) for “If” substitute “In the case of a penalty notice that is not
a penalty notice with an education option, if”.

(3) After subsection (5) insert—

(6) In the case of a penalty notice with an education option, a sum equal
to one and a half times the amount of the penalty may be registered
25under section 8 for enforcement against A as a fine if subsection (7)
or (8) applies.

(7) This subsection applies if, by the end of the suspended enforcement
period, A does not—

(a) ask to attend an approved educational course relating to the
30offence to which the notice relates,

(b) pay the penalty, or

(c) request to be tried.

(8) This subsection applies if—

(a) A has asked, by the end of the suspended enforcement
35period, to attend an approved educational course of the kind
mentioned in subsection (7)(a), and

(b) A does not, in accordance with regulations made under
subsection (9)—

(i) pay the course fee,

(ii) 40start such a course, or

(iii) complete such a course.

(9) The Secretary of State may by regulations make provision—

(a) as to the time by which A is required to do each of the things
mentioned in subsection (8)(b)(i) to (iii) (including provision

Legal Aid, Sentencing and Punishment of Offenders BillPage 258

allowing those times to be specified by a chief officer of police
for the purposes of an educational course scheme established
by that officer);

(b) allowing A to request an extension of the time to do the
5things mentioned in subsection (8)(b)(i) to (iii) (including
provision as to who should determine such a request and on
what basis);

(c) as to the procedure to be followed in relation to requests for
extensions of time (including provision allowing the
10procedure to be determined by a chief officer of police for the
purposes of an educational course scheme established by that
officer);

(d) as to the consequences of a request for an extension of time
being granted (including provision specifying circumstances
15in which a chief officer of police may require a course fee to
be paid again in order to avoid a sum being registered for
enforcement as a fine under section 8);

(e) as to the consequences of A failing to attend a course that A
has arranged to attend (including provision as to who should
20determine what those consequences are and on what basis);

(f) specifying circumstances in which A is, for the purposes of
this Chapter, to be regarded as having completed, or having
not completed, an approved educational course (including
provision as to who should determine whether those
25circumstances have arisen and how that should be
determined).

(10) Regulations made under subsection (9)(b), (e) or (f) may permit a
person to delegate the function of making a determination.

7 (1) Section 5 (general restriction on proceedings) is amended as follows.

(2) 30In subsection (1) for “until the end of” substitute “during”.

(3) After subsection (2) insert—

(2A) Proceedings for an offence to which a penalty notice with an
education option relates may not be brought against a person who
has, by the end of the suspended enforcement period, asked to attend
35an approved educational course relating to the offence, unless
section 4(8) applies.

(2B) If the person to whom a penalty notice with an education option is
given—

(a) completes, in accordance with regulations made under
40section 4(9), an approved educational course relating to the
offence to which the notice relates, and

(b) pays the course fee in accordance with those regulations,

no proceedings may be brought for the offence.

8 In section 6 (Secretary of State’s guidance) after paragraph (b) insert—

(ba) 45about educational course schemes;.

9 In section 8(4) (registration certificates) after “section 4(5)” insert “or (6)”.

10 (1) Section 10 (enforcement of fines) is amended as follows.

Legal Aid, Sentencing and Punishment of Offenders BillPage 259

(2) In subsection (6) for “If” substitute “Subject to any regulations made under
subsection (7), if”.

(3) After subsection (6) insert—

(7) The Secretary of State may by regulations make provision as to the
5directions that the court may, or must, give or the orders it may, or
must, make if it sets aside a fine relating to a sum registered under
section 8 on the basis that section 4(8) applies.

11 After section 10 insert—

Orders and regulations

10A 10Orders and regulations under Chapter 1

(1) Any power of the Secretary of State to make an order or regulations
under this Chapter is exercisable by statutory instrument.

(2) Any power of the Secretary of State to make an order or regulations
under this Chapter includes—

(a) 15power to make different provision for different cases,
circumstances or areas, and

(b) power to make incidental, supplementary, consequential,
transitional or transitory provision or savings.

(3) The Secretary of State may not make an order under section 1(2)
20unless a draft of the statutory instrument containing the order
(whether alone or with other provisions) has been laid before, and
approved by a resolution of, each House of Parliament.

(4) A statutory instrument that contains an order or regulations made
under this Chapter and is not subject to any requirement that a draft
25of the instrument be laid before, and approved by a resolution of,
both Houses of Parliament, is subject to annulment in pursuance of a
resolution of either House of Parliament.

12 (1) Section 11 (interpretation of Chapter 1) is amended as follows.

(2) Before the definition of “chief officer of police” insert—

(3) After the definition of “defaulter” insert—

(4) 35After the definition of “penalty notice” insert—

Consequential amendments

13 In section 64A of the Police and Criminal Evidence Act 1984 (photographing
40of suspects etc) in subsection (1B)(d) omit “in uniform” in the first place
those words appear.

14 (1) The Police Reform Act 2002 is amended as follows.

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Contents page 150-159 160-169 170-179 180-189 190-199 200-209 210-219 220-229 230-239 240-249 250-259 260-269 270-273 Last page