Legal Aid, Sentencing and Punishment of Offenders Bill

Session 2010 - 12
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Legal Aid, Sentencing and Punishment of Offenders Bill

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 17 — Criminal Justice Act 2003: restatement of transitional provision
251

(b)
the condition in any one or more of sub-paragraphs (3) to
(5) is met.
      (2)
The conditions in this sub-paragraph are that—
(a)
the person has been convicted of an offence committed
before 4 April 2005,
5
(b)
the person is serving a sentence of imprisonment imposed
in respect of that offence on or after 1 October 1992 but
before the commencement date,
(c)
the sentence or (in the case of a section 85 extended
sentence) the custodial term is for a term of 4 years or
10
more, and
(d)
the person has not previously been released from prison
on licence in respect of that sentence.
      (3)
The condition in this sub-paragraph is that the offence (or one of
the offences) in respect of which the sentence was imposed is—
15
(a)
an offence specified in Schedule 15 (specified violent
offences and specified sexual offences) as it had effect on 4
April 2005,
(b)
an offence under any of sections 11, 12, 15 to 18, 54 and 56
to 63 of the Terrorism Act 2000,
20
(c)
an offence under any of sections 47, 50 and 113 of the Anti-
terrorism, Crime and Security Act 2001,
(d)
an offence under section 12 of the Sexual Offences Act
1956,
(e)
an offence of aiding, abetting counselling, procuring or
25
inciting the commission of an offence listed in any of
paragraphs (b) to (d), or
(f)
an offence of conspiring or attempting to commit an
offence listed in any of paragraphs (b) to (d).
      (4)
The condition in this sub-paragraph is that the person has served
30
one-half of the sentence or (in the case of a section 85 extended
sentence) of the custodial term before 9 June 2008.
      (5)
The condition in this sub-paragraph is that—
(a)
the person is serving the sentence by virtue of having been
transferred to the United Kingdom in pursuance of a
35
warrant under section 1 of the Repatriation of Prisoners
Act 1984,
(b)
the warrant was issued before 9 June 2008, and
(c)
the offence (or one of the offences) for which the person is
serving the sentence corresponds to murder or to any
40
offence specified in Schedule 15 as it had effect on 4 April
2005.
5     (1)
As soon as a person to whom paragraph 4 applies has served two-
thirds of the sentence, it is the duty of the Secretary of State to
release the person on licence under this paragraph.
45
      (2)
If the person is serving a section 85 extended sentence, the
reference in sub-paragraph (1) to two-thirds of the sentence is a
reference to two-thirds of the custodial term.

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 17 — Criminal Justice Act 2003: restatement of transitional provision
252

      (3)
Sub-paragraphs (1) and (2) apply in place of section 244 (release on
licence of prisoners serving 12 months or more).
Duty to release on direction of Parole Board
6     (1)
After a person to whom paragraph 4 applies has served one-half
of the sentence, the Secretary of State must, if directed to do so by
5
the Board, release the person on licence under this paragraph.
      (2)
The Board must not give a direction under sub-paragraph (1)
unless the Board is satisfied that it is no longer necessary for the
protection of the public that the person should be confined.
      (3)
If the person is serving a section 85 extended sentence, the
10
references in this paragraph to one-half of the sentence are
references to one-half of the custodial term.
      (4)
Sub-paragraphs (1) to (3) apply in place of section 244 (release on
licence of prisoners serving 12 months or more).
Release on licence at one-half of sentence: section 85 extended sentence prisoners
15
7     (1)
This paragraph applies to a person if—
(a)
the person has been convicted of an offence committed on
or after 30 September 1998 but before 4 April 2005,
(b)
the person is serving a section 85 extended sentence in
respect of that offence,
20
(c)
the person has not previously been released from prison
on licence in respect of that sentence, and
(d)
paragraph 4 does not apply to the person.
8     (1)
As soon as a person to whom paragraph 7 applies has served one-
half of the custodial term, it is the duty of the Secretary of State to
25
release the person on licence under this paragraph.
      (2)
Sub-paragraph (1) applies in place of section 243A or 244, as the
case may be (release of prisoners serving less than 12 months, or
serving 12 months or more).
Duty to release unconditionally at three-quarters of sentence
30
9     (1)
This paragraph applies to a person if—
(a)
the person has been convicted of an offence committed
before 30 September 1998,
(b)
the person is serving a sentence of imprisonment imposed
in respect of that offence on or after 1 October 1992,
35
(c)
the sentence is for a term of 12 months or more,
(d)
the person has been released on licence under Part 2 of the
1991 Act, and
(e)
the person has been recalled before 14 July 2008 (and has
not been recalled after that date).
40
      (2)
But this paragraph does not apply if the court by which the person
was sentenced ordered that section 86 of the Sentencing Act
(extension of periods in custody and on licence in the case of
certain sexual offences) should apply.

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 17 — Criminal Justice Act 2003: restatement of transitional provision
253

10
As soon as a person to whom paragraph 9 applies would (but for
the earlier release) have served three-quarters of the sentence, it is
the duty of the Secretary of State to release the person
unconditionally.
Duty to release on licence at three-quarters of sentence
5
11    (1)
This paragraph applies to a person who—
(a)
has been convicted of an offence committed on or after 30
September 1998 but before 4 April 2005,
(b)
is serving a sentence of imprisonment for a term of 12
months or more imposed in respect of that offence,
10
(c)
has been released on licence under Part 2 of the 1991 Act,
and
(d)
has been recalled before 14 July 2008 (and has not been
recalled after that date).
      (2)
But this paragraph does not apply if the person has been released
15
and recalled more than once.
      (3)
Nor does this paragraph apply if the sentence is a section 85
extended sentence (paragraph 13 applying to such a case instead).
12
As soon as a person to whom paragraph 11 applies would (but for
the earlier release) have served three-quarters of the sentence, it is
20
the duty of the Secretary of State to release the person on licence.
Release on licence: re-release of section 85 extended sentence prisoners
13    (1)
This paragraph applies to a person who—
(a)
has been convicted of an offence committed on or after 30
September 1998 but before 4 April 2005,
25
(b)
is serving a section 85 extended sentence imposed in
respect of that offence,
(c)
has been released on licence under Part 2 of the 1991 Act,
and
(d)
has been recalled before 14 July 2008 (and has not been
30
recalled after that date).
      (2)
But this paragraph does not apply if the person has been released
and recalled more than once.
14    (1)
If a person to whom paragraph 13 applies is serving a sentence
with a custodial term of less than 12 months, it is the duty of the
35
Secretary of State to release the person on licence as soon as the
person would (but for the earlier release) have served the period
found by adding—
(a)
one-half of the custodial term, and
(b)
the extension period.
40
      (2)
If a person to whom paragraph 13 applies is serving a sentence
with a custodial term of 12 months or more, it is the duty of the
Secretary of State to release the person on licence as soon as the
person would (but for the earlier release) have served the period
found by adding—
45

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 17 — Criminal Justice Act 2003: restatement of transitional provision
254

(a)
three-quarters of the custodial term, and
(b)
the extension period.
Release of section 227 or 228 extended sentence prisoners: Parole Board direction
15    (1)
This paragraph applies to a person (“P”) who is serving an
extended sentence under imposed section 227 or 228 before 14 July
5
2008.
      (2)
Section 247 (release of prisoner on licence) applies to P with the
following modifications.
      (3)
The Secretary of State must not release P under subsection (2) of
that section unless the Board has directed P’s release under that
10
subsection.
      (4)
The Board must not give a direction under sub-paragraph (3)
unless the Board is satisfied that it is no longer necessary for the
protection of the public that the person should be confined.
      (5)
As soon as P has served the appropriate custodial term, the
15
Secretary of State must release P on licence, unless P has
previously been recalled under section 254.
Licence to remain in force to three-quarters of sentence
16    (1)
This paragraph applies to a person to whom paragraph 4 applies.
      (2)
This paragraph also applies to a person if—
20
(a)
the person has been convicted of an offence committed
before 4 April 2005,
(b)
the person is serving a sentence of imprisonment imposed
in respect of that offence on or after 1 October 1992 but
before the commencement date,
25
(c)
that sentence is for a term of 12 months or more but less
than 4 years, and
(d)
the person has not previously been released from prison
on licence in respect of that sentence.
      (3)
This paragraph also applies to a person if—
30
(a)
the person has been convicted of an offence committed
before 4 April 2005,
(b)
the person is serving a sentence of imprisonment imposed
in respect of that offence on or after 1 October 1992,
(c)
that sentence is for a term of 12 months or more,
35
(d)
the person has been released on licence under Part 2 of the
1991 Act, and
(e)
the person has been recalled before 14 July 2008 (and has
not been recalled after that date).
      (4)
But this paragraph does not apply if the person has been released
40
and recalled more than once.
      (5)
Nor does this paragraph apply if—
(a)
the person is serving a section 85 extended sentence, or

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 17 — Criminal Justice Act 2003: restatement of transitional provision
255

(b)
the court by which the person was sentenced ordered that
section 86 of the Sentencing Act (extension of periods in
custody and on licence in the case of certain sexual
offences) should apply.
      (6)
If a person has been—
5
(a)
released under section 34A of the 1991 Act or section 246
(home detention curfew), and
(b)
recalled under section 38A(1)(b) of the 1991 Act or section
255(1)(b) (no longer possible to monitor curfew),

the release and recall are to be disregarded for the purposes of this
10
paragraph.
17    (1)
Where a person to whom paragraph 16 applies is released on
licence under section 244 or paragraph 5 or 6, the licence shall
remain in force until the date on which the person would (but for
the release) have served three-quarters of the sentence.
15
      (2)
Sub-paragraph (1) is subject to any revocation under section 254.
      (3)
Sub-paragraphs (1) and (2) apply in place of section 249 (duration
of licence).
Period for which licence to remain in force: section 85 extended sentence prisoners
18
This paragraph applies to a person who—
20
(a)
has been convicted of an offence committed on or after 30
September 1998 but before 4 April 2005,
(b)
is serving a section 85 extended sentence imposed in
respect of that offence, and
(c)
has not previously been released from prison on licence in
25
respect of that sentence.
19    (1)
Where a person to whom paragraph 18 applies is released on
licence and the custodial term is less than 12 months, the licence
shall remain in force until the end of the period found by adding—
(a)
one-half of the custodial term, and
30
(b)
the extension period.
      (2)
Where a person to whom paragraph 18 applies is released on
licence and the custodial term is 12 months or more, the licence
shall remain in force until the end of the period found by adding—
(a)
three-quarters of the custodial term, and
35
(b)
the extension period.
      (3)
Sub-paragraphs (1) and (2) are subject to any revocation under
section 254.
      (4)
Sub-paragraphs (1) to (3) apply in place of section 249 (duration of
licence).
40
Concurrent or consecutive terms
20
Paragraphs 21 and 22 apply where a person (“P”) is serving two or
more sentences of imprisonment imposed on or after 1 October
1992 and—

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 17 — Criminal Justice Act 2003: restatement of transitional provision
256

(a)
the sentences were passed on the same occasion, or
(b)
where they were passed on different occasions, the person
has not been released under Part 2 of the 1991 Act or under
this Chapter at any time during the period beginning with
the first and ending with the last of those occasions.
5
21    (1)
This paragraph applies if each of the sentences is a 1991 Act
sentence.
      (2)
Sections 263 and 264 (consecutive and concurrent terms) do not
apply in relation to the sentences.
      (3)
For the purposes of any reference in this Chapter, however
10
expressed, to the term of imprisonment to which P has been
sentenced or which, or part of which, P has served, the terms are
to be treated as a single term.
      (4)
If one or more of the sentences is a section 85 extended sentence—
(a)
for the purpose of determining the single term mentioned
15
in sub-paragraph (3), the extension period or periods is or
are to be disregarded, and
(b)
the period for which P is to be on licence in respect of the
single term is to be increased in accordance with sub-
paragraph (5).
20
      (5)
That period is to be increased—
(a)
if only one of the sentences is a section 85 extended
sentence, by the extension period;
(b)
if there is more than one such sentence and they are wholly
or partly concurrent, by the longest of the extension
25
periods;
(c)
if there is more than one such sentence and they are
consecutive, by the aggregate of the extension periods.
22    (1)
This paragraph applies where two or more sentences are to be
served consecutively on each other and—
30
(a)
one or more of those sentences is a 1991 Act sentence, and
(b)
one or more of them is a 2003 Act sentence.
      (2)
Section 264 does not affect the length of the period which P must
serve in prison in respect of the 1991 Act sentence or sentences.
      (3)
Nothing in this Chapter requires the Secretary of State to release P
35
until P has served a period equal in length to the aggregate of the
length of the periods which P must serve in relation to each of the
sentences mentioned in sub-paragraph (1).
      (4)
If P is also serving one or more 1967 Act sentences, paragraphs 32
and 33 apply instead of this paragraph.
40
Part 3
Prisoners serving 1967 Act sentences
23    (1)
This Part applies to certain persons serving a 1967 Act sentence.
      (2)
But this Part does not apply to a person who—

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 17 — Criminal Justice Act 2003: restatement of transitional provision
257

(a)
has been released on licence,
(b)
has been recalled to prison, and
(c)
(whether or not having returned to custody in
consequence of that recall) is unlawfully at large on the
commencement date.
5
      (3)
In this Part, references to release under Part 2 of the 1991 Act
include release under section 60 of the 1967 Act.
Sentence of more than 12 months imposed before 1 October 1992
24    (1)
This paragraph applies to a person if—
(a)
the person is serving a sentence of imprisonment imposed
10
before 1 October 1992,
(b)
the sentence is for a term of more than 12 months, and
(c)
the person has not previously been released from prison
on licence in respect of that sentence.
      (2)
This paragraph also applies to a person if—
15
(a)
the person is serving a sentence of imprisonment imposed
before 1 October 1992,
(b)
the sentence is for a term of more than 12 months,
(c)
the person has been released on licence under Part 2 of the
1991 Act, and
20
(d)
the person has been recalled before 14 July 2008 (and has
not been recalled after that date).
      (3)
But this paragraph does not apply if, on the passing of the
sentence, an extended sentence certificate was issued (see
paragraph 27).
25
      (4)
If a person has been—
(a)
released under section 34A of the 1991 Act or section 246
(home detention curfew), and
(b)
recalled under section 38A(1)(b) of the 1991 Act or section
255(1)(b) (no longer possible to monitor curfew),
30

the release and recall are to be disregarded for the purposes of this
paragraph.
25    (1)
It is the duty of the Secretary of State to release a person
unconditionally under this paragraph—
(a)
in the case of a person falling within paragraph 24(1), as
35
soon as the person has served two-thirds of the sentence;
(b)
in the case of a person falling within paragraph 24(2), as
soon as the person would (but for the earlier release) have
served two-thirds of the sentence.
      (2)
After a person falling within paragraph 24(1) has served one-third
40
of the sentence or six months, whichever is longer, the Secretary of
State must, if directed to do so by the Board, release the person on
licence under this paragraph.
      (3)
The Board must not give a direction under sub-paragraph (2)
unless the Board is satisfied that it is no longer necessary for the
45
protection of the public that the person should be confined.