Session 2010 - 12
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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

 
 

 
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Revised 22 March 2012