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 17 — Criminal Justice Act 2003: restatement of transitional provision
258

      (4)
Sub-paragraphs (1) to (3) apply in place of section 244 (release on
licence of prisoners serving 12 months or more).
26    (1)
Where a person to whom paragraph 24 applies is released on
licence under paragraph 25, the licence shall remain in force until
the date on which the person would (but for the release) have
5
served two-thirds of the sentence.
      (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).
Extended sentence of more than 12 months imposed before 1 October 1992
10
27    (1)
This paragraph applies to a person if—
(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)
on the passing of the sentence an extended sentence
15
certificate was issued, and
(d)
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—
(a)
the person is serving a sentence of imprisonment imposed
20
before 1 October 1992,
(b)
the sentence is for a term of more than 12 months,
(c)
on the passing of the sentence an extended sentence
certificate was issued,
(d)
the person has been released on licence under Part 2 of the
25
1991 Act, and
(e)
the person has been recalled before 14 July 2008 (and has
not been recalled after that date).
      (3)
In this paragraph “extended sentence certificate” means a
certificate was issued under section 28 of the Powers of Criminal
30
Courts Act 1973 (punishment of persistent offenders) stating that
an extended term of imprisonment was imposed on the person
under that section.
28    (1)
It is the duty of the Secretary of State to release a person to whom
paragraph 27 applies on licence under this paragraph—
35
(a)
in the case of a person falling within paragraph 27(1), as
soon as the person has served two-thirds of the sentence;
(b)
in the case of a person falling within paragraph 27(2), as
soon as the person would (but for the earlier release) have
served two-thirds of the sentence.
40
      (2)
After a person falling within paragraph 27(1) has served one-third
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.

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 17 — Criminal Justice Act 2003: restatement of transitional provision
259

      (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
protection of the public that the person should be confined.
      (4)
Sub-paragraphs (1) to (3) apply in place of section 244 (release on
licence of prisoners serving twelve months or more).
5
Additional days
29    (1)
Prison rules made by virtue of section 257 may include provision
for applying any provisions of this Chapter, in relation to any
person falling within sub-paragraph (2), as if the person had been
awarded such number of additional days as may be determined
10
by or under the rules.
      (2)
A person falls within this sub-paragraph if—
(a)
the person was released on licence under section 60 of the
1967 Act before 1 October 1992 and the licence was in force
on that date, or
15
(b)
the person was, on that date, serving a custodial sentence,

and (in either case) the person has forfeited any remission of the
sentence.
Concurrent or consecutive terms
30
Paragraphs 31 to 33 apply where a person (“P”) is serving two or
20
more sentences of imprisonment and—
(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
25
the first and ending with the last of those occasions.
31    (1)
This paragraph applies where each of the sentences is a 1967 Act
sentence.
      (2)
Sections 263 and 264 (consecutive and concurrent terms) do not
apply in relation to the sentences.
30
      (3)
For the purposes of any reference in this Chapter, however
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.
32    (1)
This paragraph applies where—
35
(a)
one or more of the sentences is a 1967 Act sentence, and
(b)
one or more of them is a 1991 Act sentence.
      (2)
Sections 263 and 264 (consecutive and concurrent terms) do not
apply in relation to the sentences mentioned in sub-paragraph (1).
      (3)
For the purposes of any reference in this Chapter, however
40
expressed, to the term of imprisonment to which P has been
sentenced or which, or part of which, P has served—
(a)
the terms mentioned in sub-paragraph (1) are to be treated
as a single term, and

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 17 — Criminal Justice Act 2003: restatement of transitional provision
260

(b)
that single term is to be treated as if it were a 1967 Act
sentence.
      (4)
If one or more of the sentences is a section 85 extended sentence—
(a)
for the purpose of determining the single term mentioned
in sub-paragraph (3), the extension period or periods is or
5
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).
      (5)
That period is to be increased—
10
(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
periods;
15
(c)
if there is more than one such sentence and they are
consecutive, by the aggregate of the extension periods.
      (6)
If P is also serving a 2003 Act sentence, sub-paragraph (3) is to be
applied before the period mentioned in section 263(2)(c)
(concurrent terms) or paragraph 33(3) (consecutive terms) is
20
calculated.
33    (1)
This paragraph applies where two or more sentences are to be
served consecutively on each other and—
(a)
one or more of those sentences is a 1967 Act sentence, and
(b)
one or more of them is a 2003 Act sentence.
25
      (2)
Section 264 does not affect the length of the period which P must
serve in prison in respect of the 1967 Act sentence or sentences.
      (3)
Nothing in this Chapter requires the Secretary of State to release P
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
30
sentences mentioned in sub-paragraph (1).
Part 4
Provisions applying generally
Licence conditions
34    (1)
This paragraph applies to any licence (a “Parole Board licence”)
35
which falls within sub-paragraph (2) or (3).
      (2)
A licence falls within this sub-paragraph if—
(a)
it is or was granted to a person (“P”) on P’s release (at any
time) on the recommendation or direction of the Board,
and
40
(b)
P has not been released otherwise than on such a
recommendation or direction.
      (3)
A licence falls within this sub-paragraph if—

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 17 — Criminal Justice Act 2003: restatement of transitional provision
261

(a)
it is or was granted to a person (“P”) on P’s release (at any
time), and
(b)
condition A or condition B is met.
      (4)
Condition A is that, before 2 August 2010, the Board exercised the
function under section 37(5) of the 1991 Act of making
5
recommendations as to any condition to be included or inserted as
a condition in a licence granted to P (including by making a
recommendation that no condition should be included in such a
licence).
      (5)
Condition B is that, before 2 August 2010—
10
(a)
P was released on licence under section 33(2), (3) or (3A) or
35(1) of the 1991 Act, and
(b)
the Board exercised the function under section 37(5) of that
Act of—
(i)
making recommendations as to the inclusion or
15
insertion of a condition in a licence granted to P
(including by making a recommendation that no
condition should be included in such a licence), or
(ii)
making recommendations as to the variation or
cancellation of any such condition (including a
20
recommendation that the condition should not be
varied or cancelled).
      (6)
The Secretary of State must not—
(a)
include on release, or subsequently insert, a condition in a
Parole Board licence, or
25
(b)
vary or cancel any such condition,

except in accordance with directions of the Board.
Fine defaulters and contemnors
35    (1)
This paragraph applies to any person if—
(a)
the person has been committed to prison or to be detained
30
under section 108 of the Sentencing Act—
(i)
in default of payment of a sum adjudged to be paid
by a conviction, or
(ii)
for contempt of court or any kindred offence,
(b)
the person was so committed or detained before 4 April
35
2005, and
(c)
the term for which the person was committed or detained
is 12 months or more.
      (2)
As soon as a person to whom this paragraph applies has served
two-thirds of the term, it is the duty of the Secretary of State to
40
release the person unconditionally.
      (3)
Sub-paragraph (2) applies in place of section 258(2) (early release
of fine defaulters and contemnors).
Early removal of prisoners liable to removal from UK
36    (1)
This paragraph applies to any person who—
45

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 18 — Life sentence for second listed offence etc: new Schedule 15B to Criminal Justice Act 2003
262

(a)
has served one-half of a sentence of imprisonment, and
(b)
has not been released on licence under this Chapter.
      (2)
The reference in sub-paragraph (1)(a) to one-half of a sentence is—
(a)
in the case of a section 85 extended sentence, a reference to
one-half of the custodial term;
5
(b)
in the case of an extended sentence imposed under section
227 or 228, a reference to one-half of the appropriate
custodial term.
37    (1)
If a person to whom paragraph 36 applies—
(a)
is liable to removal from the United Kingdom, and
10
(b)
has not been removed from prison under section 260
during the period mentioned in subsection (1) of that
section,

the Secretary of State may remove the person from prison under
that section at any time after the end of that period.
15
      (2)
Sub-paragraph (1) applies whether or not the Board has directed
the person’s release under paragraph 6, 15, 25 or 28.”
Schedule 18
Section 123

Life sentence for second listed offence etc: new Schedule 15B to Criminal
Justice Act 2003
20

In the Criminal Justice Act 2003, after Schedule 15A insert—
“Schedule 15b
Sections 224A, 226A and 246A

Offences listed for the purposes of sections 224A, 226A and 246A
Part 1
Offences under the law of England and Wales listed for the purposes
25
of sections 224A(1), 224A(4), 226A and 246A
The following offences to the extent that they are offences under the law
of England and Wales—
1
Manslaughter.
2
An offence under section 4 of the Offences against the Person Act
30
1861 (soliciting murder).
3
An offence under section 18 of that Act (wounding with intent to
cause grievous bodily harm).
4
An offence under section 16 of the Firearms Act 1968 (possession
of a firearm with intent to endanger life).
35
5
An offence under section 17(1) of that Act (use of a firearm to resist
arrest).
6
An offence under section 18 of that Act (carrying a firearm with
criminal intent).

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 18 — Life sentence for second listed offence etc: new Schedule 15B to Criminal Justice Act 2003
263

7
An offence of robbery under section 8 of the Theft Act 1968 where,
at some time during the commission of the offence, the offender
had in his possession a firearm or an imitation firearm within the
meaning of the Firearms Act 1968.
8
An offence under section 1 of the Protection of Children Act 1978
5
(indecent images of children).
9
An offence under section 56 of the Terrorism Act 2000 (directing
terrorist organisation).
10
An offence under section 57 of that Act (possession of article for
terrorist purposes).
10
11
An offence under section 59 of that Act (inciting terrorism
overseas) if the offender is liable on conviction on indictment to
imprisonment for life.
12
An offence under section 47 of the Anti-terrorism, Crime and
Security Act 2001 (use etc of nuclear weapons).
15
13
An offence under section 50 of that Act (assisting or inducing
certain weapons-related acts overseas).
14
An offence under section 113 of that Act (use of noxious substance
or thing to cause harm or intimidate).
15
An offence under section 1 of the Sexual Offences Act 2003 (rape).
20
16
An offence under section 2 of that Act (assault by penetration).
17
An offence under section 4 of that Act (causing a person to engage
in sexual activity without consent) if the offender is liable on
conviction on indictment to imprisonment for life.
18
An offence under section 5 of that Act (rape of a child under 13).
25
19
An offence under section 6 of that Act (assault of a child under 13
by penetration).
20
An offence under section 7 of that Act (sexual assault of a child
under 13).
21
An offence under section 8 of that Act (causing or inciting a child
30
under 13 to engage in sexual activity).
22
An offence under section 9 of that Act (sexual activity with a
child).
23
An offence under section 10 of that Act (causing or inciting a child
to engage in sexual activity).
35
24
An offence under section 11 of that Act (engaging in sexual
activity in the presence of a child).
25
An offence under section 12 of that Act (causing a child to watch a
sexual act).
26
An offence under section 14 of that Act (arranging or facilitating
40
commission of a child sex offence).

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 18 — Life sentence for second listed offence etc: new Schedule 15B to Criminal Justice Act 2003
264

27
An offence under section 15 of that Act (meeting a child following
sexual grooming etc).
28
An offence under section 25 of that Act (sexual activity with a child
family member) if the offender is aged 18 or over at the time of the
offence.
5
29
An offence under section 26 of that Act (inciting a child family
member to engage in sexual activity) if the offender is aged 18 or
over at the time of the offence.
30
An offence under section 30 of that Act (sexual activity with a
person with a mental disorder impeding choice) if the offender is
10
liable on conviction on indictment to imprisonment for life.
31
An offence under section 31 of that Act (causing or inciting a
person with a mental disorder to engage in sexual activity) if the
offender is liable on conviction on indictment to imprisonment for
life.
15
32
An offence under section 34 of that Act (inducement, threat or
deception to procure sexual activity with a person with a mental
disorder) if the offender is liable on conviction on indictment to
imprisonment for life.
33
An offence under section 35 of that Act (causing a person with a
20
mental disorder to engage in or agree to engage in sexual activity
by inducement etc) if the offender is liable on conviction on
indictment to imprisonment for life.
34
An offence under section 47 of that Act (paying for sexual services
of a child) against a person aged under 16.
25
35
An offence under section 48 of that Act (causing or inciting child
prostitution or pornography).
36
An offence under section 49 of that Act (controlling a child
prostitute or a child involved in pornography).
37
An offence under section 50 of that Act (arranging or facilitating
30
child prostitution or pornography).
38
An offence under section 62 of that Act (committing an offence
with intent to commit a sexual offence) if the offender is liable on
conviction on indictment to imprisonment for life.
39
An offence under section 5 of the Domestic Violence, Crime and
35
Victims Act 2004 (causing or allowing the death of a child or
vulnerable adult).
40
An offence under section 5 of the Terrorism Act 2006 (preparation
of terrorist acts).
41
An offence under section 9 of that Act (making or possession of
40
radioactive device or materials).
42
An offence under section 10 of that Act (misuse of radioactive
devices or material and misuse and damage of facilities).