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
Schedule 12 — Remands of children otherwise than on bail: minor and consequential amendments
237

Criminal Justice Act 2003 (c. 44)
50
The Criminal Justice Act 2003 is amended as follows.
51
In section 242 (interpretation of provisions about crediting periods of
remand in custody)—
(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
Offenders Act 2012”, and
(b)
omit subsection (3).
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
paragraph 8.
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
Act 2012.”

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 13 — Crediting of time in custody
Part 1 — Armed Forces amendments
238

Schedule 13
Section 111

Crediting of time in custody
Part 1
Armed Forces amendments
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.
(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)
of the 2003 Act).”
      (3)
In subsection (6)—
(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
offender institution,”.
3     (1)
Section 247 (crediting of time in service custody: supplementary) is
amended as follows.
      (2)
In subsection (2)—
30
(a)
after “in connection with other offences” insert “(but see section
246(2B))”, and
(b)
omit “, or has also been detained in connection with other matters”.
      (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
money;

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 13 — Crediting of time in custody
Part 2 — Other amendments
239

(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
246”.
5
In Schedule 16 (minor and consequential amendments), omit paragraph 228.
Part 2
Other amendments
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 “,
240ZA or 240A”.
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

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 14 — Prisoners serving less than 12 months: consequential amendments
240

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”.
Schedule 14
5
Section 112

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)
or”.
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
insert “243A,”.
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)
or”.
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.
      (2)
In subsection (1)—
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
section”.
      (3)
In subsection (3)—
(a)
for “In this section” substitute “For the purposes of this section”;
35
(b)
in paragraph (a)—
(i)
for “any” substitute “a”;

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 14 — Prisoners serving less than 12 months: consequential amendments
241

(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).”
      (4)
In subsection (3)—
(a)
for “Subsection (1) has” substitute “Subsections (1) and (1A) have”;
15
(b)
omit “and (4)”.
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
“243A,”;
(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
follows.
      (2)
In subsection (5), for “section 244” substitute “section 243A or 244 (as the case
may be)”.
      (3)
In subsection (6)—
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
(as the case may be)”;
(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
whole of the sentence”.
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
section applies”;

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 15 — Application of sections 109 to 120 and transitional and transitory provision
242

(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
sentence”;
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
Commencement of repeal
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
imprisonment which—
(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),
and
(b)
is imposed in respect of an offence committed on or after 4 April
2005,

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.
Schedule 15
Section 121

Application of sections 109 to 120 and transitional and transitory provision
1
In this Schedule—
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
of that section;
(b)
“Chapter 6” means Chapter 6 of Part 12 of the 2003 Act, as amended
by those sections;
40
(c)
“the 2003 Act” means the Criminal Justice Act 2003.

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 15 — Application of sections 109 to 120 and transitional and transitory provision
243

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));
(b)
in section 111—
(i)
subsections (1) to (7), (9) and (11) so far as they relate to
5
section 240ZA of the 2003 Act, and
(ii)
subsection (10);
(c)
section 112;
(d)
section 116;
(e)
section 117;
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
2006—
(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
provisions);
(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
Schedule 13.
3
The following provisions apply in relation to any person sentenced on or
30
after the commencement date—
(a)
section 110;
(b)
in section 111—
(i)
subsections (1) to (7), (9) and (11) so far as they relate to
section 240A of the 2003 Act, and
35
(ii)
subsection (8).
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).