Legal Aid, Sentencing and Punishment of Offenders Bill

Session 2010 - 12
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Other Bills before Parliament

Legal Aid, Sentencing and Punishment of Offenders Bill

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 5 — Dangerous offenders
105

insert—
“226A
Extended sentence for certain violent or sexual offences: persons 18
or over
(1)
This section applies where—
(a)
a person aged 18 or over is convicted of a specified offence
5
(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
offender of further specified offences,
10
(c)
the court is not required by section 224A or 225(2) to impose a
sentence of imprisonment for life, and
(d)
condition 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.
15
(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
custodial term would be at least 4 years.
(4)
The court may impose an extended sentence of imprisonment on the
offender.
20
(5)
An extended sentence of imprisonment is a sentence of imprisonment
the term of which is equal to the aggregate of—
(a)
the appropriate custodial term, and
(b)
a further period (the “extension period”) for which the offender
is to be subject to a licence.
25
(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
30
offender of further specified offences, subject to subsections (8) and (9).
(8)
The 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
35
section in respect of an offence must not exceed the term that, at the
time the offence was committed, was the maximum term permitted for
the offence.
(10)
In subsections (1)(a) and (8), references to a specified offence, a
specified violent offence and a specified sexual offence include an
40
offence that—
(a)
was abolished before 4 April 2005, and
(b)
would have constituted such an offence if committed on the day
on which the offender was convicted of the offence.

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 5 — Dangerous offenders
106

(11)
Where the offence mentioned in subsection (1)(a) was committed
before 4 April 2005—
(a)
subsection (1)(c) has effect as if the words “by section 224A or
225(2)” were omitted, and
(b)
subsection (6) has effect as if the words “in compliance with
5
section 153(2)” were omitted.
226B
Extended sentence for certain violent or sexual offences: persons
under 18
(1)
This section applies where—
(a)
a person aged under 18 is convicted of a specified offence
10
(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
offender of further specified offences,
15
(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
would be at least 4 years.
20
(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)
the appropriate custodial term, and
25
(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)
The extension period must be a period of such length as the court
30
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)
5 years in the case of a specified violent offence, and
35
(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
permitted for the offence in the case of a person aged 18 or over.
40
(8)
In subsections (1)(a) and (6), references to a specified offence, a
specified violent offence and a specified sexual offence include an
offence that—
(a)
was abolished before 4 April 2005, and
(b)
would have constituted such an offence if committed on the day
45
on which the offender was convicted of the offence.

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 5 — Dangerous offenders
107

(9)
Where the offence mentioned in subsection (1)(a) was committed
before 4 April 2005—
(a)
subsection (1) has effect as if paragraph (c) were omitted, and
(b)
subsection (4) has effect as if the words “in compliance with
section 153(2)” were omitted.”
5
126
New extended sentences: release on licence etc
(1)
Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release and
recall) 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”.
10
(3)
After section 246 insert—
“246A
Release on licence of prisoners serving extended sentence under
section 226A or 226B
(1)
This section applies to a prisoner (“P”) who is serving an extended
sentence imposed under section 226A or 226B.
15
(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
purposes of this section unless either or both of the following
conditions are met—
(a)
the appropriate custodial term is 10 years or more;
20
(b)
the sentence was imposed in respect of an offence listed in Parts
1 to 3 of Schedule 15B or in respect of offences that include one
or more offences listed in those Parts 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
25
(4) to (7).
(4)
The Secretary of State must refer P’s case to the Board—
(a)
as 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
30
release, not later than the second anniversary of the disposal of
that reference.
(5)
It 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
35
(b)
the Board has directed P’s release under this section.
(6)
The Board must not give a direction under subsection (5) unless—
(a)
the 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.
40
(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
has 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).
45

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 5 — Dangerous offenders
108

(8)
For the purposes of this section—
“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
5
of 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 20 (release of new extended sentence prisoners: consequential
10
amendments of Chapter 6 of Part 12 of the Criminal Justice Act 2003) has effect.
127
Sections 124, 125 and 126: consequential and transitory provision
Schedule 21 (abolition of certain sentences for dangerous offenders and new
extended sentences: consequential and transitory provision) has effect.
128
Dangerous offenders subject to service law etc
15
Schedule 22 (dangerous offenders subject to service law etc) has effect.
129
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—
20
(a)
must 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—
25
(a)
an 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.
30
(3)
An 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),
35
(c)
amend 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
40
force (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

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 6 — Prisoners etc
109

(f)
include consequential provision.
(4)
An 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.
5
(6)
In this section—
“extended sentence prisoner” means a prisoner who is serving a sentence
under section 226A or 226B of the Criminal Justice Act 2003 (including
one imposed as a result of section 219A or 221A of the Armed Forces
Act 2006);
10
“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
225 of the Criminal Justice Act 2003 (including one imposed as
15
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);
“life sentence” has the same meaning as in section 34 of the Crime
20
(Sentences) Act 1997.
Chapter 6
Prisoners etc
130
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
25
for 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
30
secure 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—
35
“(6)
Rules 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—
40
“47A
Rules about employment in prisons etc
(1)
The Secretary of State may make rules about—

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 6 — Prisoners etc
110

(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
unemployment.
(2)
The Secretary of State may make rules about the making, by the
5
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)
other activities undertaken by the prisoner, or
(c)
the prisoner’s unemployment,
10

where those payments are made by or on behalf of the Secretary of
State.
(3)
Rules under subsection (2) may make provision, in a case where
reductions are made by the governor, for amounts generated by the
reductions to be used by the governor—
15
(a)
for making payments for the benefit of victims or communities;
(b)
for making payments for the purposes of the rehabilitation of
offenders;
(c)
for other prescribed purposes.
(4)
Rules under subsection (2) may make provision, in a case where
20
reductions are made by the governor—
(a)
for amounts generated by the reductions to be used by the
governor for making payments into an account of a prescribed
kind;
(b)
for the administration of the account;
25
(c)
for the making of payments out of the account to a prisoner
before or after the prisoner’s release on fulfilment by the
prisoner of prescribed conditions.
(5)
Rules under subsection (2) that make provision for amounts generated
by reductions to be used to make payments may provide for such
30
payments to be made after the deduction of amounts of a prescribed
description.
(6)
The Secretary of State may make rules about the making of deductions
from, or the imposition of levies on, payments to a prisoner in respect
of—
35
(a)
work undertaken by the prisoner,
(b)
other activities undertaken by the prisoner, or
(c)
the prisoner’s unemployment,

where those payments are made otherwise than by or on behalf of the
Secretary of State.
40
(7)
Rules under subsection (6)—
(a)
may provide for deductions to be made, or levies to be imposed,
by the governor of the prison or by the Secretary of State;
(b)
must provide that, if the governor makes the deductions or
imposes the levies, the governor must pay amounts generated
45
to the Secretary of State.
(8)
The Secretary of State may make rules providing—

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 6 — Prisoners etc
111

(a)
for the making of payments by the Secretary of State into an
account of a prescribed kind;
(b)
for the administration of the account;
(c)
for the making of payments out of the account to a prisoner
before or after the prisoner’s release on fulfilment by the
5
prisoner of prescribed conditions.
(9)
Rules under this section may—
(a)
make different provision for different cases;
(b)
contain supplementary, incidental, transitional, transitory or
saving provision.
10
(10)
In this section references to the governor of a prison include—
(a)
the director of a contracted out prison within the meaning of
Part 4 of the Criminal Justice Act 1991, and
(b)
an officer of a prison who may exercise the functions of a
governor in accordance with rules under section 47 or this
15
section.
(11)
In this section—
“prescribed” means prescribed by rules under this section;
“prisoner” includes a prisoner on temporary release.”
(5)
In section 66(4) of the Criminal Justice Act 1967 (procedure applying to rules
20
under section 47 of the Prison Act 1952), for “of the said Act of 1952” substitute
“or section 47A of the Prison Act 1952”.
(6)
In section 127(6) of the Criminal Justice and Public Order Act 1994
(inducements to prison officers to contravene prison rules: meaning of “prison
rules”), after “section 47” insert “or 47A”.
25
(7)
In section 4 of the Prisoners’ Earnings Act 1996 (interpretation)—
(a)
omit subsection (2) (application of the Act to England and Wales), and
(b)
in subsection (3) (application of the Act to Scotland), for “In the
application of this Act to Scotland” substitute “In this Act”.
(8)
In section 5 of that Act (short title, commencement and extent), for subsection
30
(3) substitute—
“(3)
This Act extends to Scotland only.”
(9)
In section 45(2) of the National Minimum Wage Act 1998 (exclusion for
prisoners doing work in pursuance of prison rules: interpretation), in
paragraph (a) of the definition of “prison rules”, after “section 47” insert “or
35
47A”.
(10)
Before the coming into force of section 59 of the Criminal Justice and Court
Services Act 2000 (abolition of power to provide remand centres), section
47(1A) of the Prison Act 1952 has effect as if it referred also to persons required
to be detained in remand centres.
40
(11)
Before the coming into force of section 61 of the Criminal Justice and Court
Services Act 2000 (abolition of sentences of detention in a young offender
institution, custody for life etc)—
(a)
section 47(1A) of the Prison Act 1952 has effect as if the references to
persons required to be detained in young offender institutions were to
45
persons aged under 18 required to be so detained, and