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 21 — Abolition of certain sentences for dangerous offenders and new extended sentences: consequential and transitory provision
Part 1 — Consequential provision
272

(b)
for “half” substitute “two-thirds of”, and
(c)
for “227(2C)(a)” substitute “226A(5)(a)”.
      (3)
In subsection (4)(f)—
(a)
for “228” substitute “226B”,
(b)
for “half” substitute “two-thirds of”, and
5
(c)
for “228(2B)(a)” substitute “226B(3)(a)”.
      (4)
In subsection (8) omit “or 247(2)”.
      (5)
In subsection (9) omit paragraph (b).
Crime (Sentences) Act 1997 (c. 43)
5
In Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within
10
the British Islands) in paragraph 9(2)(a) after “244,” insert “246A,”.
Crime and Disorder Act 1998 (c. 37)
6
In section 51A of the Crime and Disorder Act 1998 (sending cases to the
Crown Court: children and young persons) in subsection (3)(d) for “226(3)
or 228(2)” substitute “226B”.
15
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
7
The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
8
In section 3A (committal for sentence of dangerous adult offenders) in
subsection (2) for “225(3) or 227(2)” substitute “226A”.
9
In section 3C (committal for sentence of dangerous young offenders) in
20
subsection (2) for “226(3) or 228(2)” substitute “226B”.
10
In section 76 (meaning of “custodial sentence”) in subsection (1)(bc) after
“section” insert “226B or”.
11    (1)
Section 82A (determination of tariffs of life prisoners) is amended as follows.
      (2)
Omit subsection (4A).
25
      (3)
In subsection (7) for the definition of “life sentence” substitute—
““life sentence” means a sentence mentioned in subsection (2) of
section 34 of the Crime (Sentences) Act 1997 other than a
sentence mentioned in paragraph (d) or (e) of that
subsection.”
30
12    (1)
Section 99 (conversion of sentence of detention to sentence of imprisonment)
is amended as follows.
      (2)
In subsection (3), omit the words from “; and” to the end.
      (3)
After that subsection insert—
“(3A)
Where the Secretary of State gives a direction under subsection (1)
35
above in relation to an offender serving an extended sentence of
detention imposed under Chapter 5 of Part 12 of the Criminal Justice
Act 2003—

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
273

(a)
if the sentence was imposed under section 226B of that Act,
the offender shall be treated as if the offender had been
sentenced under section 226A of that Act, and
(b)
if the sentence was imposed under section 228 of that Act, the
offender shall be treated as if the offender had been sentenced
5
under section 227 of that Act.”
      (4)
In subsection (5)(c), after “section” insert “226B or”.
13
In section 100 (offenders under 18: detention and training orders) in
subsection (1) for “228” substitute “226B”.
14    (1)
Section 106A (interaction of detention and training orders with sentences of
10
detention) is amended as follows.
      (2)
In subsection (1), in paragraph (b) of the definition of “sentence of
detention”, after “section” insert “226B or”.
      (3)
In subsection (6)—
(a)
before “228” insert “226B or”, and
15
(b)
after “Board under” insert “subsection (5)(b) of section 246A or (as
the case may be)”.
15    (1)
Section 147A (extension of driving disqualification where custodial sentence
also imposed) is amended as follows.
      (2)
In subsection (4)(e)—
20
(a)
for “227” substitute “226A”,
(b)
for “half” substitute “two-thirds of”, and
(c)
for “227(2C)(a)” substitute “226A(5)(a)”.
      (3)
In subsection (4)(f)—
(a)
for “228” substitute “226B”,
25
(b)
for “half” substitute “two-thirds of”, and
(c)
for “228(2B)(a)” substitute “226B(3)(a)”.
      (4)
In subsection (8) omit “or 247(2)”.
      (5)
In subsection (9) omit paragraph (b).
Criminal Justice and Court Services Act 2000 (c. 43)
30
16
The Criminal Justice and Court Services Act 2000 is amended as follows.
17
In section 62 (release on licence etc: conditions as to monitoring) in
subsection (5)(f), after “226” insert “, 226B”.
18
In section 64 (release on licence: drug testing requirements) in subsection
(5)(f), after “226” insert “, 226B”.
35
Sexual Offences Act 2003 (c. 42)
19
In section 131 of the Sexual Offences Act 2003 (young offenders:
application), in paragraph (l), before “228” insert “226B or”.
Criminal Justice Act 2003 (c. 44)
20
The Criminal Justice Act 2003 is amended as follows.
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
274

21
In section 153 (length of discretionary custodial sentences: general
provision) in subsection (2) for “227(2) and 228(2)” substitute “226A(4) and
226B(2)”.
22    (1)
Section 156 (pre-sentence reports and other requirements) is amended as
follows.
5
      (2)
In subsection (3)(a) for “section 227(1)(b) or section 228(1)(b)(i)” substitute
“section 226A(1)(b) or section 226B(1)(b)”.
      (3)
After subsection (9) (inserted by paragraph 13 of Schedule 19) insert—
“(10)
The reference in subsection (1) to a court forming the opinion
mentioned in section 153(2) includes a court forming that opinion for
10
the purposes of section 226A(6) or 226B(4).”
23
In the heading of section 225 (life sentence or imprisonment for public
protection for serious offences) omit “or imprisonment for public
protection”.
24
In the heading of section 226 (detention for life or detention for public
15
protection for serious offences by those aged under 18) omit “or detention
for public protection”.
25
In section 231 (appeals where convictions set aside) in subsection (1)—
(a)
in paragraph (a) after “225(3)” insert “, 226A”,
(b)
in paragraph (b)—
20
(i)
before “227(2A)” insert “226A(2) or”, and
(ii)
before “227(2B)” insert “226A(3) or”, and
(c)
in paragraph (c) after “may be)” insert “226A(2) or”.
26
Omit section 232 (certificates of convictions for the purposes of sections 225
and 227).
25
27
In section 235 (detention under sections 226 and 228) after “226” insert “,
226B”.
28
In the heading of that section after “226” insert “, 226B”.
29
In section 327 (arrangements for assessing etc risks posed by certain
offenders: interpretation) in subsection (3)(b)(vi) after “section” insert “226B
30
or”.
30
In section 330 (orders and rules) in subsection (5)(a) omit—
(a)
“227(6),”, and
(b)
“228(7)”.
31
Omit Schedule 15A (offences specified for the purposes of sections 225(3A)
35
and 227(2A)).
Offender Management Act 2007 (c. 21)
32    (1)
Section 28 of the Offender Management Act 2007 (application of polygraph
conditions for certain offenders released on licence) is amended as follows.
      (2)
In subsection (3)(a) after “section” insert “226A or”.
40
      (3)
In subsection (3)(f) after “226” insert “, 226B”.

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 2 — Transitory provision
275

Counter-Terrorism Act 2008 (c. 28)
33
In section 45(1)(a) of the Counter-Terrorism Act 2008 (sentences or orders
triggering notification requirements under Part 4 of that Act) after sub-
paragraph (vi) (but before the “or” at the end of that sub-paragraph) insert—
“(via)
detention under section 226B of that Act (extended
5
sentence of detention for certain dangerous offenders
aged under 18),”.
Coroners and Justice Act 2009 (c. 25)
34    (1)
Section 126 of the Coroners and Justice Act 2009 (determination of tariffs etc)
is amended as follows.
10
      (2)
In subsection (1)—
(a)
omit paragraphs (a) and (b),
(b)
in paragraph (c) for “227 of that Act” substitute “226A of the Criminal
Justice Act 2003”, and
(c)
in paragraph (d) for “228” substitute “226B”.
15
      (3)
In subsection (2)—
(a)
omit paragraph (b),
(b)
in paragraph (c) for “227(3) of that Act” substitute “226A(6) of the
Criminal Justice Act 2003”, and
(c)
in paragraph (d) for “228(3)” substitute “226B(4)”.
20
      (4)
In subsection (4) for the words from “has” to the end substitute “means a
sentence mentioned in subsection (2) of section 34 of the Crime (Sentences)
Act 1997 other than a sentence mentioned in paragraph (d) or (e) of that
subsection”.
Consequential repeals
25
35
In consequence of amendments made by section 124, 125 or 126 or this
Schedule—
(a)
in the Criminal Justice Act 2003, omit paragraph 4 of Schedule 18,
and
(b)
in the Criminal Justice and Immigration Act 2008 omit—
30
(i)
sections 13, 14, 15, 16 and 18(2);
(ii)
Schedule 5;
(iii)
in Schedule 26, paragraph 76.
Part 2
Transitory provision
35
36    (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), Chapter 5 of
Part 12 of the Criminal Justice Act 2003 (sentencing: dangerous offenders)
has effect with the modifications in sub-paragraphs (2) and (3).
40
      (2)
In section 226A (extended sentence for certain violent or sexual offences:

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 22 — Dangerous offenders subject to service law etc
Part 1 — Sentences for dangerous offenders subject to service law etc
276

persons 18 or over), at the end insert—
“(12)
In the case of a person aged at least 18 but under 21, this section has
effect as if—
(a)
the reference in subsection (1)(c) to imprisonment for life
were to custody for life, and
5
(b)
other references to imprisonment (including in the
expression “extended sentence of imprisonment”) were to
detention in a young offender institution.”
      (3)
In section 226B (extended sentence for certain violent or sexual offences:
persons under 18), in subsection (7), for “18” substitute “21”.
10
37    (1)
In relation to any time before the repeal of section 30 of the Criminal Justice
and Court Services Act 2000 (protection of children: supplemental) by
Schedule 10 to the Safeguarding Vulnerable Groups Act 2006, that section
has effect with the modification in sub-paragraph (2).
      (2)
In subsection (1), in paragraph (dd) of the definition of “qualifying
15
sentence”, after “226” insert “, 226B”.
Schedule 22
Section 128

Dangerous offenders subject to service law etc
Part 1
Sentences for dangerous offenders subject to service law etc
20
Armed Forces Act 2006 (c. 52)
1
The Armed Forces Act 2006 is amended as follows.
2
After section 218 and the italic heading “Required or discretionary sentences
for particular offences” insert—
“218A
Life sentence for second listed offence
25
(1)
This section applies where—
(a)
a person aged 18 or over is convicted by the Court Martial of
an offence under section 42 (criminal conduct);
(b)
the corresponding offence under the law of England and
Wales is an offence listed in Part 1 of Schedule 15B to the 2003
30
Act;
(c)
the offence was committed after this section comes into force;
and
(d)
the sentence condition and the previous offence condition are
met.
35
(2)
Section 224A(2) of the 2003 Act applies in relation to the offender.
(3)
In section 224A(2)(a) of that Act as applied by subsection (2)—
(a)
the reference to “the offence” is to be read as a reference to the
offence under section 42; and

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 22 — Dangerous offenders subject to service law etc
Part 1 — Sentences for dangerous offenders subject to service law etc
277

(b)
the reference to “the previous offence referred to in
subsection (4)” is to be read as a reference to the previous
offence referred to in subsection (5) of this section.
(4)
The sentence condition is that, but for this section, the Court Martial
would, in compliance with sections 260(2) and 261(2), impose a
5
sentence of imprisonment for 10 years or more, disregarding any
extension period imposed under section 226A of the 2003 Act as
applied by section 219A of this Act.
(5)
The previous offence condition is that—
(a)
at the time the offence under section 42 was committed, the
10
offender had been convicted of an offence listed in Schedule
15B to the 2003 Act (“the previous offence”); and
(b)
a relevant life sentence or a relevant sentence of
imprisonment or detention for a determinate period was
imposed on the offender for the previous offence.
15
(6)
A sentence is relevant for the purposes of subsection (5)(b) if it would
be relevant for the purposes of section 224A(4)(b) of the 2003 Act (see
subsections (5) to (10) of that section).
(7)
A sentence required to be imposed by section 224A(2) of that Act as
a result of this section is not to be regarded as a sentence fixed by
20
law.”
3     (1)
Section 219 (dangerous offenders aged 18 or over) is amended as follows.
      (2)
For subsection (2) substitute—
“(2)
Section 225(2) of the 2003 Act applies in relation to the offender.”
      (3)
In subsection (3) omit “and (3A)”.
25
4
In the heading of that section for “Dangerous” substitute “Life sentence for
certain dangerous”.
5
After that section insert—
“219A
Extended sentence for certain violent or sexual offenders aged 18 or
over
30
(1)
This section applies where—
(a)
a person aged 18 or over is convicted by the Court Martial of
an offence under section 42 (criminal conduct) (whether the
offence was committed before or after the commencement of
this section);
35
(b)
the corresponding offence under the law of England and
Wales is a specified offence;
(c)
the court is of the required opinion (defined by section 223);
(d)
the court is not required to impose a sentence of
imprisonment for life by section 224A(2) of the 2003 Act (as
40
applied by section 218A of this Act) or section 225(2) of that
Act (as applied by section 219 of this Act); and
(e)
condition A or B is met.

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 22 — Dangerous offenders subject to service law etc
Part 1 — Sentences for dangerous offenders subject to service law etc
278

(2)
Condition A is that, at the time the offence under section 42 was
committed, the offender had been convicted of an offence listed in
Schedule 15B to the 2003 Act.
(3)
Condition B is that, if the court were to impose an extended sentence
of imprisonment under section 226A of the 2003 Act as a result of this
5
section, the term that it would specify as the appropriate custodial
term would be at least 4 years.
(4)
Subsections (4) to (9) of section 226A of the 2003 Act apply in relation
to the offender.
(5)
In section 226A(4) to (9) of the 2003 Act as applied by this section—
10
(a)
the reference in subsection (6) to section 153(2) of the 2003 Act
is to be read as a reference to section 261(2) of this Act;
(b)
the reference in subsection (7) to further specified offences
includes a reference to further acts or omissions that would
be specified offences if committed in England and Wales;
15
(c)
the reference in subsection (8)(a) to a specified violent offence
is to be read as a reference to an offence under section 42 as
respects which the corresponding offence under the law of
England and Wales is a specified violent offence; and
(d)
the reference in subsection (8)(b) to a specified sexual offence
20
is to be read as a reference to an offence under section 42 as
respects which the corresponding offence under the law of
England and Wales is a specified sexual offence.
(6)
In this section “specified offence”, “specified sexual offence” and
“specified violent offence” have the meanings given by section 224 of
25
the 2003 Act.”
6
Omit section 220 (certain violent or sexual offenders aged 18 or over).
7
In section 221 (dangerous offenders aged under 18) for subsection (2)
substitute—
“(2)
Section 226(2) of the 2003 Act applies in relation to the offender.”
30
8
In the heading of that section for “Dangerous” substitute “Life sentence for
certain dangerous”.
9
After that section insert—
“221A
Extended sentence for certain violent or sexual offenders aged under
18
35
(1)
This section applies where—
(a)
a person aged under 18 is convicted by the Court Martial of
an offence under section 42 (criminal conduct) (whether the
offence was committed before or after the commencement of
this section);
40
(b)
the corresponding offence under the law of England and
Wales is a specified offence;
(c)
the court is of the required opinion (defined by section 223);
(d)
the court is not required by section 226(2) of the 2003 Act (as
applied by section 221 of this Act) to impose a sentence of
45
detention for life under section 209 of this Act; and