|
| |
|
| |
“226A | Extended sentence for certain violent or sexual offences: persons 18 |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
(10) | In subsections (1)(a) and (8), references to a specified offence, a |
| |
specified violent offence and a specified sexual offence include an |
| 40 |
| |
(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. |
| |
|
| |
|
| |
|
(11) | Where the offence mentioned in subsection (1)(a) was committed |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
(9) | Where the offence mentioned in subsection (1)(a) was committed |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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) | 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 |
| |
| |
(5) | It is the duty of the Secretary of State to release P on licence under this |
| |
| |
(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 |
| |
| 45 |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| |
(2) | “Discretionary release prisoner” means— |
| 25 |
| |
(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 |
| |
| |
(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 |
| |
| |
(e) | make different provision in relation to each of the categories of |
| |
discretionary release prisoner mentioned in subsection (2), and |
| |
|
| |
|
| |
|
(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 |
| |
“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 |
| |
| 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 |
| |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(4) | After that section insert— |
| 40 |
“47A | Rules about employment in prisons etc |
| |
(1) | The Secretary of State may make rules about— |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| 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— |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| |
“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) | 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 |
| |
(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 |
| |
|
| |
|