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 18 — Life sentence for second listed offence etc: new Schedule 15B to Criminal Justice Act 2003
265

43
An offence under section 11 of that Act (terrorist threats relating to
radioactive devices, materials or facilities).
44    (1)
An attempt to commit an offence specified in the preceding
paragraphs of this Part of this Schedule (“a listed offence”) or
murder.
5
      (2)
Conspiracy to commit a listed offence or murder.
      (3)
Incitement to commit a listed offence or murder.
      (4)
An offence under Part 2 of the Serious Crime Act 2007 in relation
to which a listed offence or murder is the offence (or one of the
offences) which the person intended or believed would be
10
committed.
      (5)
Aiding, abetting, counselling or procuring the commission of a
listed offence.
Part 2
Further offences under the law of England and Wales listed for the
15
purposes of sections 224A(4), 226A and 246A
The following offences to the extent that they are offences under the law
of England and Wales—
45
Murder.
46    (1)
Any offence that—
20
(a)
was abolished (with or without savings) before the coming
into force of this Schedule, and
(b)
would, if committed on the relevant day, have constituted
an offence specified in Part 1 of this Schedule.
      (2)
“Relevant day”, in relation to an offence, means—
25
(a)
for the purposes of this paragraph as it applies for the
purposes of section 246A(2), the day on which the offender
was convicted of that offence, and
(b)
for the purposes of this paragraph as it applies for the
purposes of sections 224A(4) and 226A(2), the day on
30
which the offender was convicted of the offence referred to
in section 224A(1)(a) or 226A(1)(a) (as appropriate).
Part 3
Offences under service law listed for the purposes of sections 224A(4),
226A and 246A
35
47
An offence under section 70 of the Army Act 1955, section 70 of the
Air Force Act 1955 or section 42 of the Naval Discipline Act 1957
as respects which the corresponding civil offence (within the
meaning of the Act in question) is an offence specified in Part 1 or
2 of this Schedule.
40
48    (1)
An offence under section 42 of the Armed Forces Act 2006 as
respects which the corresponding offence under the law of

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 19 — Life sentence for second listed offence: consequential and transitory provision
Part 1 — Consequential provision
266

England and Wales (within the meaning given by that section) is
an offence specified in Part 1 or 2 of this Schedule.
      (2)
Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc)
applies for the purposes of this paragraph as if the reference in
subsection (3)(b) of that section to any of the following provisions
5
of that Act were a reference to this paragraph.
Part 4
Offences under the law of Scotland, Northern Ireland or a member
State other than the United Kingdom listed for the purposes of
sections 224A(4) and 226A
10
49
An offence for which the person was convicted in Scotland,
Northern Ireland or a member State other than the United
Kingdom and which, if committed in England and Wales at the
time of the conviction, would have constituted an offence
specified in Part 1 or 2 of this Schedule.
15
Part 5
Interpretation
50
In this Schedule “imprisonment for life” includes custody for life
and detention for life.”
Schedule 19
20
Section 123

Life sentence for second listed offence: consequential and transitory
provision
Part 1
Consequential provision
Mental Health Act 1983 (c. 20)
25
1
In section 37 of the Mental Health Act 1983 (powers of courts to order
hospital admission) in subsection (1A), after paragraph (b) insert—
“(ba)
under section 224A of the Criminal Justice Act 2003,”.
Criminal Justice Act 1988 (c. 33)
2
In section 36 of the Criminal Justice Act 1988 (reviews of sentencing) in
30
subsection (2)(b)(iii) after “section” insert “224A,”.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
3
The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
4
In section 12 (absolute and conditional discharge) in subsection (1) before
“225(2)” insert “224A,”.
35

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 19 — Life sentence for second listed offence: consequential and transitory provision
Part 1 — Consequential provision
267

5
In section 130 (compensation orders against convicted persons) in
subsection (2) before “225(2)” insert “224A,”.
6
In section 146 (driving disqualification for any offence) in subsection (2)
before “225(2)” insert “224A,”.
7
In section 164 (interpretation) in subsection (3)(c) after “section” insert
5
“224A,”.
Criminal Justice Act 2003 (c. 44)
8
The Criminal Justice Act 2003 is amended as follows.
9
In section 142 (purposes of sentencing: offenders aged 18 and over) in
subsection (2)(c)—
10
(a)
after “weapon)” insert “, under section 224A of this Act (life sentence
for second listed offence for certain dangerous offenders)”, and
(b)
for “(dangerous offenders)” substitute “(imprisonment or detention
for life for certain dangerous offenders)”.
10
In section 150 (community sentence not available where sentence fixed by
15
law etc) at the end of paragraph (ca) (but before the “or”) insert—
“(cb)
falls to be imposed under section 224A of this Act (life
sentence for second listed offence for certain dangerous
offenders),”.
11
In section 152 (general restrictions on imposing discretionary custodial
20
sentence) in subsection (1)(b) before “225(2)” insert “224A,”.
12
In section 153 (length of discretionary custodial sentences: general
provision) in subsection (1) before “225” insert “224A,”.
13
In section 156 (pre-sentence reports and other requirements) after subsection
(8) insert—
25
“(9)
References in subsections (1) and (3) to a court forming the opinions
mentioned in sections 152(2) and 153(2) include a court forming
those opinions for the purposes of section 224A(3).”
14
In section 163 (general power of Crown Court to fine offender convicted on
indictment) before “225(2)” insert “224A,”.
30
15
Before section 224 insert—
“Interpretation”.
16
In section 224 (meaning of “specified offence” etc) in subsection (2)(b) for
“225” substitute “224A”.

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 19 — Life sentence for second listed offence: consequential and transitory provision
Part 1 — Consequential provision
268

17
After section 224 (and before section 224A) insert—
“Life sentences”.
18
After section 226 insert—
“Extended sentences”.
19
Before section 231 insert—
5
“Supplementary”.
20    (1)
Section 231 (appeals where convictions set aside) is amended as follows.
      (2)
Before subsection (1) insert—
“(A1)
Subsection (2) applies where—
(a)
a sentence has been imposed on a person under section 224A,
10
(b)
a previous conviction of that person has been subsequently
set aside on appeal, and
(c)
without that conviction, the previous offence condition in
section 224A(4) would not have been met.”
      (3)
In subsection (1) for “This section” substitute “Subsection (2) also”.
15
      (4)
After subsection (2) insert—
“(3)
Subsection (4) applies where—
(a)
a sentence has been imposed on a person under section 224A,
(b)
a previous sentence imposed on that person has been
subsequently modified on appeal, and
20
(c)
taking account of that modification, the previous offence
condition in section 224A(4) would not have been met.
(4)
Notwithstanding anything in section 18 of the Criminal Appeal Act
1968, notice of appeal against the sentence mentioned in subsection
(3)(a) may be given at any time within 28 days from the date on
25
which the previous sentence was modified.”
21
After section 232 insert—
“232A
Certificates of conviction

Where—
(a)
on any date after the commencement of Schedule 15B a
30
person is convicted in England and Wales of an offence listed
in that Schedule, and
(b)
the court by or before which the person is so convicted states
in open court that the person has been convicted of such an
offence on that date, and
35
(c)
that court subsequently certifies that fact,

that certificate is evidence, for the purposes of section 224A, that the
person was convicted of such an offence on that date.”

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 20 — Release of new extended sentence prisoners: consequential amendments of Chapter 6 of Part 12 of the Criminal Justice Act 2003
269

22
In section 305(4) (interpretation of Part 12) after paragraph (ba) insert—
“(bb)
a sentence falls to be imposed under section 224A if the court
is obliged by that section to pass a sentence of imprisonment
for life,”.
Coroners and Justice Act 2009 (c. 25)
5
23
In section 125(6) of the Coroners and Justice Act 2009 (sentencing guidelines:
duty of court) after paragraph (d) insert—
“(da)
section 224A of that Act (life sentence for second listed
offence for certain dangerous offenders);”.
Part 2
10
Transitory provision
24    (1)
In relation to any time 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), Part 12 of the
Criminal Justice Act 2003 (sentencing) has effect with the following
15
modifications.
      (2)
In section 224A (life sentence for second listed offence)—
(a)
in subsection (2), after “imprisonment for life” insert “or, in the case
of a person aged at least 18 but under 21, custody for life under
section 94 of the Sentencing Act”, and
20
(b)
in subsection (3), after “more” insert “or, if the person is aged at least
18 but under 21, a sentence of detention in a young offender
institution for such a period”.
      (3)
In section 305(4) (interpretation of Part 12) in paragraph (bb) (inserted by
paragraph 22 of this Schedule) after “imprisonment for life” insert “or, if the
25
person is aged at least 18 but under 21, custody for life”.
Schedule 20
Section 126

Release of new extended sentence prisoners: consequential amendments of
Chapter 6 of Part 12 of the Criminal Justice Act 2003
1
Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release and
30
recall) (as amended by Chapter 4 of Part 3 of this Act) is amended as follows.
2     (1)
Section 237 (meaning of “fixed-term prisoner” etc) is amended as follows.
      (2)
In subsection (1)(b), before “227” insert “226A, 226B,”.
      (3)
In subsection (3), before “227” insert “226A or”.
3
In section 238 (power of court to recommend licence conditions), in
35
subsection (4), for “228” substitute “226B”.
4
In section 240ZA (time remanded in custody to count as time served), in
subsection (11), before “227” insert “226A, 226B,”.
5     (1)
Section 246 (power to release prisoners on licence) is amended as follows.

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 20 — Release of new extended sentence prisoners: consequential amendments of Chapter 6 of Part 12 of the Criminal Justice Act 2003
270

      (2)
In subsection (4)(a), after “section” insert “226A,”.
      (3)
In subsection (6), in the definition of “term of imprisonment”, before “227”
insert “226A, 226B,”.
6     (1)
Section 250 (licence conditions) is amended as follows.
      (2)
In subsection (4)—
5
(a)
before the first “227” insert “226A or”, and
(b)
before the second “227” insert “226A, 226B,”.
      (3)
After subsection (5) insert—
“(5A)
In respect of a prisoner serving an extended sentence imposed under
section 226A or 226B whose release is directed by the Board under
10
section 246A(5), a licence under—
(a)
section 246A(5) (initial release), or
(b)
section 255C (release after recall),

may not include conditions referred to in subsection (4)(b)(ii) unless
the Board directs the Secretary of State to include them.”
15
7
In section 255A (further release after recall), in subsection (7)(a) (meaning of
“extended sentence prisoner”) after “section” insert “226A, 226B,”.
8
In section 258 (early release of fine defaulters and contemnors), in subsection
(3A), before “227” insert “226A, 226B,”.
9     (1)
Section 260 (early removal of prisoners liable to removal from UK) is
20
amended as follows.
      (2)
After subsection (2) insert—
“(2A)
If a fixed-term prisoner serving an extended sentence imposed under
section 226A or 226B—
(a)
is liable to removal from the United Kingdom, and
25
(b)
has not been removed from prison under this section during
the period mentioned in subsection (1),

the Secretary of State may remove the prisoner from prison under
this section at any time after the end of that period.
(2B)
Subsection (2A) applies whether or not the Board has directed the
30
prisoner’s release under section 246A.”
      (3)
In subsection (5), after “244” (but before “, 247”) insert “, 246A”.
      (4)
In subsection (7), before paragraph (a) insert—
“(za)
in relation to a prisoner serving an extended sentence
imposed under section 226A or 226B, has the meaning given
35
by paragraph (a) or (b) of the definition in section 246A(8);”.
10    (1)
Section 261 (re-entry to UK of offender removed early) is amended as
follows.
      (2)
In subsection (5)(b) for “or 244” substitute “, 244 or 246A”.
      (3)
In subsection (6), in the definition of “requisite custodial period”, before
40

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 21 — Abolition of certain sentences for dangerous offenders and new extended sentences: consequential and transitory provision
Part 1 — Consequential provision
271

paragraph (a) insert—
“(za)
in relation to a prisoner serving an extended sentence
imposed under section 226A or 226B, has the meaning given
by paragraph (a) or (b) of the definition in section 246A(8);”.
11
In section 263 (concurrent terms), in subsection (4), before “227” insert
5
“226A, 226B,”.
12    (1)
Section 264 (consecutive terms) is amended as follows.
      (2)
In subsection (6)(a) (definition of “custodial period”), before sub-paragraph
(i) insert—
“(zi)
in relation to an extended sentence imposed under
10
section 226A or 226B, means two-thirds of the
appropriate custodial term determined by the court
under that section,”.
      (3)
In subsection (7) before “227” insert “226A, 226B,”.
13
In section 265 (restriction on consecutive sentences for released prisoners),
15
in subsection (2), before “227” insert “226A, 226B,”.
Schedule 21
Section 127

Abolition of certain sentences for dangerous offenders and new extended
sentences: consequential and transitory provision
Part 1
20
Consequential provision
Juries Act 1974 (c. 23)
1
In Part 2 of Schedule 1 to the Juries Act 1974 (persons disqualified from jury
service) in paragraph 6(d), before “227” insert “226A, 226B,”.
Rehabilitation of Offenders Act 1974 (c. 53)
25
2
In section 5 of the Rehabilitation of Offenders Act 1974 (sentences excluded
from rehabilitation under that Act) in subsection (1)(f), before “227” insert
“226A, 226B,”.
Criminal Justice Act 1982 (c. 48)
3
In section 32 of the Criminal Justice Act 1982 (early release of prisoners) in
30
subsection (1)(a), before “227” insert “226A or”.
Road Traffic Offenders Act 1988 (c. 53)
4     (1)
Section 35A of the Road Traffic Offenders Act 1988 (extension of
disqualification where custodial sentence imposed as well as driving
disqualification) is amended as follows.
35
      (2)
In subsection (4)(e)—
(a)
for “227” substitute “226A”,