|
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|
Criminal Justice Act 2003 (c. 44) |
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50 | The Criminal Justice Act 2003 is amended as follows. |
| |
51 | In section 242 (interpretation of provisions about crediting periods of |
| |
| |
(a) | in subsection (2)(b), for the words from “or committed” to “that |
| 5 |
section” substitute “to youth detention accommodation under |
| |
section 92(4) of the Legal Aid, Sentencing and Punishment of |
| |
| |
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52 | In Schedule 32 (amendments relating to sentencing), omit paragraph 15. |
| 10 |
Criminal Defence Service Act 2006 (c. 9) |
| |
53 | In section 4(2) of the Criminal Defence Service Act 2006 (provisions to which |
| |
certain consequential amendments apply), omit paragraphs (a) and (b). |
| |
Violent Crime Reduction Act 2006 (c. 38) |
| |
54 | In the Violent Crime Reduction Act 2006, omit section 61. |
| 15 |
Criminal Justice and Immigration Act 2008 (c. 4) |
| |
55 | In Schedule 26 to the Criminal Justice and Immigration Act 2008 (minor and |
| |
consequential amendments), omit paragraph 5. |
| |
Children and Young Persons Act 2008 (c. 23) |
| |
56 | In Schedule 1 to the Children and Young Persons Act 2008 (children looked |
| 20 |
after by local authorities: supplementary and consequential provision), omit |
| |
| |
Offender Management Act 2007 (Consequential Amendments) Order 2008 (SI 2008/912) |
| |
57 | In Schedule 1 to the Offender Management Act 2007 (Consequential |
| |
Amendments) Order 2008 (amendments of Acts), omit paragraph 13(6). |
| 25 |
Policing and Crime Act 2009 (c. 26) |
| |
58 | In paragraph 14(3) of Schedule 5A to the Policing and Crime Act 2009 |
| |
(detention order for breach of injunction: meaning of youth detention |
| |
accommodation) for paragraph (c) substitute— |
| |
“(c) | a secure children’s home, as defined by section 103(11) of |
| 30 |
the Legal Aid, Sentencing and Punishment of Offenders |
| |
| |
|
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|
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|
| |
| |
Crediting of time in custody |
| |
| |
| |
1 | The Armed Forces Act 2006 is amended as follows. |
| 5 |
2 (1) | Section 246 (crediting of time in service custody: terms of imprisonment and |
| |
detention) is amended as follows. |
| |
(2) | For subsections (2) to (5) substitute— |
| |
“(2) | The number of days for which the offender was kept in service |
| |
custody in connection with the offence in question or any related |
| 10 |
offence since being so charged is to count as time served by the |
| |
offender as part of the sentence. |
| |
| But this is subject to subsections (2A) to (2C). |
| |
(2A) | If, on any day on which the offender was kept in service custody, the |
| |
offender was also detained in connection with any other matter, that |
| 15 |
day is not to count as time served. |
| |
(2B) | A day counts as time served— |
| |
(a) | in relation to only one sentence, and |
| |
(b) | only once in relation to that sentence. |
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(2C) | A day is not to count as time served as part of any period of 28 days |
| 20 |
served by the offender before automatic release (see section 255B(1) |
| |
| |
| |
(a) | omit “and” at the end of paragraph (a), and |
| |
(b) | after paragraph (b) insert “, and |
| 25 |
“(c) | a determinate sentence of detention in a young |
| |
| |
3 (1) | Section 247 (crediting of time in service custody: supplementary) is |
| |
| |
| 30 |
(a) | after “in connection with other offences” insert “(but see section |
| |
| |
(b) | omit “, or has also been detained in connection with other matters”. |
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(3) | After subsection (2) insert— |
| |
“(2A) | The reference in section 246(2A) to detention in connection with any |
| 35 |
other matter does not include remand in custody in connection with |
| |
another offence but includes— |
| |
(a) | detention pursuant to any custodial sentence; |
| |
(b) | committal in default of payment of any sum of money; |
| |
(c) | committal for want of sufficient distress to satisfy any sum of |
| 40 |
| |
|
| |
|
| |
|
(d) | committal for failure to do or abstain from doing anything |
| |
required to be done or left undone.” |
| |
(4) | In subsection (4) for “the reference in section 246(2)” substitute “the |
| |
references in section 246(2) and (2B)”. |
| |
4 | In section 373(3) (orders, regulations and rules) in paragraph (g) omit “or |
| 5 |
| |
5 | In Schedule 16 (minor and consequential amendments), omit paragraph 228. |
| |
| |
| |
Criminal Appeal Act 1968 (c. 19) |
| 10 |
6 | In Schedule 2 to the Criminal Appeal Act 1968 (procedural and other |
| |
provisions applicable on order for retrial), in paragraph 2(4), for “Sections |
| |
240” substitute “Sections 240ZA”. |
| |
Immigration Act 1971 (c. 77) |
| |
7 | In section 7 of the Immigration Act 1971 (exemption from deportation for |
| 15 |
certain existing residents), in subsection (4), after “section 240” insert “, |
| |
| |
Road Traffic Offenders Act 1988 (c. 53) |
| |
8 | In section 35A of the Road Traffic Offenders Act 1988 (extension of |
| |
disqualification where custodial sentence also imposed), in subsection (6)— |
| 20 |
(a) | omit “a direction under”; |
| |
(b) | in paragraph (a), for “section 240” substitute “section 240ZA”; |
| |
(c) | in paragraph (b), before “section 240A” insert “a direction under”. |
| |
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) |
| |
9 | The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows. |
| 25 |
10 | In section 82A (determination of tariffs), in subsection (3)(b), for “section |
| |
240” substitute “section 240ZA”. |
| |
11 | In section 101 (term of detention and training order), in subsection (12A), for |
| |
“the reference in subsection (2) of that section to section 240” substitute “the |
| |
reference in subsection (2A) of that section to section 240ZA”. |
| 30 |
12 | In section 147A (extension of disqualification where custodial sentence also |
| |
imposed), in subsection (6)— |
| |
(a) | omit “a direction under”; |
| |
(b) | in paragraph (a), for “section 240” substitute “section 240ZA”; |
| |
(c) | in paragraph (b), before “section 240A” insert “a direction under”. |
| 35 |
|
| |
|
| |
|
International Criminal Court Act 2001 (c. 17) |
| |
13 | In Schedule 7 to the International Criminal Court Act 2001 (domestic |
| |
provisions not applicable to ICC prisoners), in paragraph 2(1)(d), for |
| |
“sections 240” substitute “sections 240ZA”. |
| |
| 5 |
| |
Prisoners serving less than 12 months: consequential amendments |
| |
Road Traffic Offenders Act 1988 (c. 53) |
| |
1 | In section 35A of the Road Traffic Offenders Act 1988 (extension of |
| |
disqualification where custodial sentence also imposed)— |
| |
(a) | in subsection (8), after “section” insert “243A(3)(a),”; |
| 10 |
(b) | in subsection (9)(a), after “in respect of section” insert “243A(3)(a) |
| |
| |
Crime (Sentences) Act 1997 (c. 43) |
| |
2 | In Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within |
| |
the British Islands), in paragraphs 8(2)(a) and 9(2)(a), after “sections 241,” |
| 15 |
| |
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) |
| |
3 | In section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 |
| |
(extension of disqualification where custodial sentence also imposed)— |
| |
(a) | in subsection (8), after “section” insert “243A(3)(a),”; |
| 20 |
(b) | in subsection (9)(a), after “in respect of section” insert “243A(3)(a) |
| |
| |
International Criminal Court Act 2001 (c. 17) |
| |
4 | In Schedule 7 to the International Criminal Court Act 2001 (domestic |
| |
provisions not applicable to ICC prisoners), in paragraph 3(1), for “sections |
| 25 |
244” substitute “sections 243A”. |
| |
Criminal Justice Act 2003 (c. 44) |
| |
5 | The Criminal Justice Act 2003 is amended as follows. |
| |
6 (1) | Section 244 (duty to release prisoners on licence) is amended as follows. |
| |
| 30 |
(a) | after “section” in the first place it appears insert “243A or”; |
| |
(b) | after “the requisite custodial period” insert “for the purposes of this |
| |
| |
| |
(a) | for “In this section” substitute “For the purposes of this section”; |
| 35 |
| |
(i) | for “any” substitute “a”; |
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|
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|
| |
|
(ii) | after “the Sentencing Act” insert “for such a term”. |
| |
7 | In section 246(6) (power to release prisoners early: definitions), in the |
| |
definition of “the requisite custodial period”, after “has the meaning given |
| |
by” insert “paragraph (a) or (b) of section 243A(3) or (as the case may be)”. |
| |
8 (1) | Section 249 (duration of licence) is amended as follows. |
| 5 |
(2) | In subsection (1), after “a fixed-term prisoner” insert “, other than one to |
| |
whom section 243A applies,”. |
| |
(3) | After subsection (1) insert— |
| |
“(1A) | Where a prisoner to whom section 243A applies is released on |
| |
licence, the licence shall, subject to any revocation under section 254 |
| 10 |
or 255, remain in force until the date on which, but for the release, the |
| |
prisoner would have served one-half of the sentence. |
| |
| This is subject to subsection (3).” |
| |
| |
(a) | for “Subsection (1) has” substitute “Subsections (1) and (1A) have”; |
| 15 |
| |
9 | In section 250(4) (licence conditions) omit “for a term of twelve months or |
| |
more” and “such” in the first place it occurs. |
| |
10 | In section 253(3) (period for which curfew condition to remain in force), after |
| |
“fall to be released” insert “unconditionally under section 243A or”. |
| 20 |
11 | In section 260 (early removal of prisoners liable to removal from UK)— |
| |
(a) | in subsection (5), after “section” in the second place it appears insert |
| |
| |
(b) | in subsection (7), after “has the meaning given by” insert “paragraph |
| |
(a) or (b) of section 243A(3) or (as the case may be)”. |
| 25 |
12 (1) | Section 261 (re-entry to UK of offender removed early) is amended as |
| |
| |
(2) | In subsection (5), for “section 244” substitute “section 243A or 244 (as the case |
| |
| |
| 30 |
(a) | in the definition of “requisite custodial period”, after “has the |
| |
meaning given by” insert “paragraph (a) or (b) of section 243A(3) or |
| |
| |
(b) | in the definition of “sentence expiry date”— |
| |
(i) | after “but for his” insert “release from prison and”; |
| 35 |
(ii) | for “ceased to be subject to a licence” substitute “served the |
| |
| |
13 | In section 263(2) (concurrent terms)— |
| |
(a) | after paragraph (a) insert— |
| |
“(aa) | the offender’s release is to be unconditional if section |
| 40 |
243A so requires in respect of each of the sentences |
| |
(and in any other case is to be on licence),”; |
| |
(b) | in paragraph (b), after “each of the others” insert “to which that |
| |
| |
|
| |
|
| |
|
(c) | in paragraph (c), after “release under this Chapter” insert “(unless |
| |
that release is unconditional)”. |
| |
14 | In section 264 (consecutive terms)— |
| |
(a) | in subsection (2), omit “on licence”; |
| |
(b) | in subsection (3), for “any of the terms of imprisonment is a term of |
| 5 |
twelve months or more” substitute “the aggregate length of the terms |
| |
of imprisonment is 12 months or more”; |
| |
(c) | after subsection (3) insert— |
| |
“(3A) | Where the aggregate length of the terms of imprisonment is |
| |
less than 12 months, the offender’s release under this Chapter |
| 10 |
is to be unconditional.”; |
| |
(d) | omit subsections (4) and (5); |
| |
(e) | in subsection (6)(a)(ii)— |
| |
(i) | for “a term of twelve months or more” substitute “any other |
| |
| 15 |
(ii) | for “the term” substitute “the sentence”; |
| |
(f) | in subsection (7), omit “of 12 months or more”. |
| |
15 | In section 267 (alteration by order of proportion of sentence), after “any |
| |
reference in” insert “section 243A(3)(a),”. |
| |
16 | The heading of Chapter 6 of Part 12 becomes “Release, licences and recall”. |
| 20 |
| |
17 | The repeal by section 303(a) of the Criminal Justice Act 2003 of sections 33 to |
| |
51 of the Criminal Justice Act 1991 has effect in relation to any sentence of |
| |
| |
(a) | is of less than 12 months (whether or not such a sentence is imposed |
| 25 |
to run concurrently or consecutively with another such sentence), |
| |
| |
(b) | is imposed in respect of an offence committed on or after 4 April |
| |
| |
| and paragraph 14 of Schedule 2 to the Criminal Justice Act 2003 |
| 30 |
(Commencement No. 8 and Transitional and Savings Provisions) Order 2005 |
| |
(S.I. 2005/950) is accordingly revoked. |
| |
| |
| |
Application of sections 109 to 120 and transitional and transitory provision |
| |
| 35 |
(a) | “the commencement date”, in relation to any of sections 109 to 119, |
| |
means the day appointed under section 152 for the coming into force |
| |
| |
(b) | “Chapter 6” means Chapter 6 of Part 12 of the 2003 Act, as amended |
| |
| 40 |
(c) | “the 2003 Act” means the Criminal Justice Act 2003. |
| |
|
| |
|
| |
|
2 (1) | The following provisions apply in relation to any person who falls to be |
| |
released under Chapter 6 on or after the commencement date— |
| |
(a) | section 109 (but this is subject to sub-paragraph (3)); |
| |
| |
(i) | subsections (1) to (7), (9) and (11) so far as they relate to |
| 5 |
section 240ZA of the 2003 Act, and |
| |
| |
| |
| |
| 10 |
(f) | Part 1 of Schedule 13 and section 111(13) so far as it relates to that |
| |
Part (but this is subject to sub-paragraph (3)). |
| |
(2) | Section 118 applies in relation to any person who falls to be released under |
| |
Chapter 6, or (as the case may be) under Chapter 2 of Part 2 of the Crime |
| |
(Sentences) Act 1997, on or after the commencement date. |
| 15 |
(3) | Where a court, before the commencement date, has given a direction under |
| |
section 240(3) of the 2003 Act or section 246(2) of the Armed Forces Act |
| |
| |
(a) | if the number of days in relation to which the direction is given is |
| |
greater than the number of days calculated under the new |
| 20 |
provisions, the direction continues to have effect (in place of the new |
| |
| |
(b) | in any other case, the direction ceases to have effect. |
| |
(4) | In sub-paragraph (3) “the new provisions” means— |
| |
(a) | where the direction was given under section 240(3) of the 2003 Act, |
| 25 |
section 240ZA of that Act; |
| |
(b) | where the direction was given under section 246(2) of the Armed |
| |
Forces Act 2006, section 246 of that Act as amended by Part 1 of |
| |
| |
3 | The following provisions apply in relation to any person sentenced on or |
| 30 |
after the commencement date— |
| |
| |
| |
(i) | subsections (1) to (7), (9) and (11) so far as they relate to |
| |
section 240A of the 2003 Act, and |
| 35 |
| |
4 | The amendments made by section 113 do not affect the release under |
| |
Chapter 6 of any prisoner before the commencement date. |
| |
5 | Section 114 applies in relation to any person recalled under section 254 of the |
| |
2003 Act before the commencement date (as well as in relation to any person |
| 40 |
recalled under that section on or after that date). |
| |
6 | Section 115 applies in relation to any person recalled under that section on |
| |
or after the commencement date. |
| |
7 | Section 120 applies in relation to any person who, on the day on which this |
| |
Act is passed, has served the relevant part of the sentence (as well as in |
| 45 |
relation to any person who, on that date, has not served that part). |
| |
|
| |
|