|
| |
|
(5) | In subsection (1A), for “a direction under section 240 or 240A includes a |
| |
direction under” substitute “section 240ZA includes”. |
| |
(6) | In the heading, for “direction under section 240 or 240A” substitute “section |
| |
240ZA or direction under section 240A”. |
| |
(7) | In section 242 (interpretation of sections 240 to 241), in subsections (1) and (2) |
| 5 |
and in the heading, for “sections 240” substitute “sections 240ZA”. |
| |
(8) | For section 243(2) (persons extradited to the United Kingdom) substitute— |
| |
“(2) | In the case of an extradited prisoner, the court must specify in open |
| |
court the number of days for which the prisoner was kept in custody |
| |
while awaiting extradition. |
| 10 |
(2A) | Section 240ZA applies to days specified under subsection (2) as if they |
| |
were days for which the prisoner was remanded in custody in |
| |
connection with the offence or a related offence.” |
| |
(9) | In section 246 (power to release prisoners early)— |
| |
(a) | in subsection (4)(i), for “to whom a direction under section 240 or 240A |
| 15 |
relates” substitute “to whom section 240ZA applies or a direction under |
| |
| |
(b) | in subsection (4A)(b), for “a direction under section 240 includes a |
| |
direction under” substitute “section 240ZA includes”. |
| |
(10) | In section 269 (determination of minimum term in relation to mandatory life |
| 20 |
| |
(a) | in subsection (3)(b), for the words from “any direction which it would |
| |
have given” to “certain types of condition)” substitute “section 240ZA |
| |
(crediting periods of remand in custody) or of any direction which it |
| |
would have given under section 240A (crediting periods of remand on |
| 25 |
| |
(b) | after that subsection insert— |
| |
“(3A) | The reference in subsection (3)(b) to section 240ZA includes |
| |
section 246 of the Armed Forces Act 2006 (crediting periods in |
| |
| 30 |
(11) | In section 305(1A) (modification of reference to want of sufficient distress), |
| |
inserted by paragraph 155 of Schedule 13 to the Tribunals, Courts and |
| |
Enforcement Act 2007, for “In the definition of “sentence of imprisonment” in |
| |
subsection (1) the reference” substitute “In this Part any reference”. |
| |
(12) | In section 330(5) (rules to be subject to affirmative resolution)— |
| 35 |
(a) | after paragraph (b) insert “or”, and |
| |
(b) | omit paragraph (d) and the “or” preceding it. |
| |
(13) | Schedule 13 (crediting of time in custody) has effect. |
| |
(14) | In consequence of the amendments made by this section, in the Criminal |
| |
Justice and Immigration Act 2008 omit— |
| 40 |
(a) | section 21(2), (5) and (7); |
| |
(b) | section 22(2) and (3); |
| |
(c) | section 23 and Schedule 6. |
| |
|
| |
|
| |
|
| |
112 | Prisoners serving less than 12 months |
| |
(1) | After section 243 of the Criminal Justice Act 2003 insert— |
| |
| |
243A | Duty to release prisoners serving less than 12 months |
| 5 |
(1) | This section applies to a fixed-term prisoner who is serving a sentence |
| |
which is for a term of less than twelve months. |
| |
(2) | As soon as a prisoner to whom this section applies has served the |
| |
requisite custodial period for the purposes of this section, it is the duty |
| |
of the Secretary of State to release that person unconditionally. |
| 10 |
(3) | For the purposes of this section “the requisite custodial period” is— |
| |
(a) | in relation to a person serving a sentence of imprisonment for a |
| |
term of less than twelve months or a determinate sentence of |
| |
detention under section 91 or 96 of the Sentencing Act for such |
| |
a term, one-half of the sentence, and |
| 15 |
(b) | in relation to a person serving two or more concurrent or |
| |
consecutive sentences, the period determined under sections |
| |
| |
(4) | This section is subject to— |
| |
(a) | section 256B (supervision of young offenders after release), and |
| 20 |
(b) | paragraph 8 of Schedule 20B (transitional cases).” |
| |
(2) | Schedule 14 (amendments consequential on subsection (1)) has effect. |
| |
113 | Restrictions on early release subject to curfew |
| |
(1) | In section 246 of the Criminal Justice Act 2003 (power to release prisoners on |
| |
licence), subsection (4) is amended as follows. |
| 25 |
(2) | After paragraph (a) insert— |
| |
“(aa) | the sentence is for a term of 4 years or more,”. |
| |
| |
(a) | for “during the currency of the sentence” substitute “at any time”, and |
| |
(b) | at the end insert “(and the revocation has not been cancelled under |
| 30 |
| |
(4) | Omit the “or” at the end of paragraph (h) and after that paragraph insert— |
| |
“(ha) | the prisoner has at any time been returned to prison under |
| |
section 40 of the Criminal Justice Act 1991 or section 116 of the |
| |
| 35 |
(5) | After subsection (4) of that section insert— |
| |
“(4ZA) | Where subsection (4)(aa) applies to a prisoner who is serving two or |
| |
more terms of imprisonment, the reference to the term of the sentence |
| |
| |
|
| |
|
| |
|
(a) | if the terms are partly concurrent, a reference to the period |
| |
which begins when the first term begins and ends when the last |
| |
| |
(b) | if the terms are to be served consecutively, a reference to the |
| |
| 5 |
(6) | In subsection (6) of that section, at the end insert— |
| |
““term of imprisonment” includes a determinate sentence of detention |
| |
under section 91 or 96 of the Sentencing Act or under section 227 or 228 |
| |
| |
Further release after recall |
| 10 |
114 | Cancellation of revocation of licence |
| |
(1) | After section 254(2) of the Criminal Justice Act 2003 (representations by person |
| |
| |
“(2A) | The Secretary of State, after considering any representations under |
| |
subsection (2)(a) or any other matters, may cancel a revocation under |
| 15 |
| |
(2B) | The Secretary of State may cancel a revocation under subsection (2A) |
| |
only if satisfied that the person recalled has complied with all the |
| |
conditions specified in the licence. |
| |
(2C) | Where the revocation of a person’s licence is cancelled under |
| 20 |
subsection (2A), the person is to be treated as if the recall under |
| |
subsection (1) had not happened.” |
| |
(2) | In section 255(3) of that Act (cancellation of revocation under section 255), for |
| |
“subsection (2)(b)” substitute “subsection (2)(a)”. |
| |
115 | Further release after recall |
| 25 |
(1) | For sections 255A to 255D of the Criminal Justice Act 2003 (further release after |
| |
| |
“Further release after recall |
| |
255A | Further release after recall: introductory |
| |
(1) | This section applies for the purpose of identifying which of sections |
| 30 |
255B and 255C governs the further release of a person who has been |
| |
recalled under section 254. |
| |
(2) | The Secretary of State must, on recalling a person other than an |
| |
extended sentence prisoner, consider whether the person is suitable for |
| |
| 35 |
(3) | For this purpose “automatic release” means release at the end of the |
| |
period of 28 days beginning with the date on which the person returns |
| |
| |
(4) | A person is suitable for automatic release only if the Secretary of State |
| |
is satisfied that the person will not present a risk of serious harm to |
| 40 |
members of the public if released at the end of that period. |
| |
|
| |
|
| |
|
(5) | The person must be dealt with— |
| |
(a) | in accordance with section 255B if suitable for automatic release; |
| |
(b) | in accordance with section 255C otherwise. |
| |
(6) | For the purposes of this section, a person returns to custody when that |
| |
person, having been recalled, is detained (whether or not in prison) in |
| 5 |
pursuance of the sentence. |
| |
(7) | An “extended sentence prisoner” is a prisoner serving an extended |
| |
| |
(a) | section 227 or 228 of this Act, or |
| |
(b) | section 85 of the Sentencing Act; |
| 10 |
| and paragraph (b) includes (in accordance with paragraph 1(3) of |
| |
Schedule 11 to the Sentencing Act) a reference to section 58 of the Crime |
| |
| |
| |
(1) | A prisoner who is suitable for automatic release (“P”) must— |
| 15 |
(a) | on return to prison, be informed that he or she will be released |
| |
under this section (subject to subsections (8) and (9)), and |
| |
(b) | at the end of the 28 day period mentioned in section 255A(3), be |
| |
released by the Secretary of State on licence under this Chapter |
| |
(unless P is released before that date under subsection (2) or (5)). |
| 20 |
(2) | The Secretary of State may, at any time after P is returned to prison, |
| |
release P again on licence under this Chapter. |
| |
(3) | The Secretary of State must not release P under subsection (2) unless the |
| |
Secretary of State is satisfied that it is not necessary for the protection of |
| |
the public that P should remain in prison until the end of the period |
| 25 |
mentioned in subsection (1)(b). |
| |
(4) | If P makes representations under section 254(2) before the end of that |
| |
period, the Secretary of State must refer P’s case to the Board on the |
| |
making of those representations. |
| |
(5) | Where on a reference under subsection (4) the Board directs P’s |
| 30 |
immediate release on licence under this Chapter, the Secretary of State |
| |
must give effect to the direction. |
| |
(6) | Subsection (7) applies if P is recalled before the date on which P would |
| |
(but for the earlier release) have served the requisite custodial period |
| |
for the purposes of section 243A or (as the case may be) section 244. |
| 35 |
(7) | Where this subsection applies— |
| |
(a) | if P is released under this section before that date, P’s licence |
| |
must include a curfew condition complying with section 253, |
| |
| |
(b) | P is not to be so released (despite subsections (1)(b) and (5)) |
| 40 |
unless the Secretary of State is satisfied that arrangements are in |
| |
place to enable that condition to be complied with. |
| |
(8) | Subsection (9) applies if, after P has been informed that he or she will |
| |
be released under this section, the Secretary of State receives further |
| |
information about P (whether or not relating to any time before P was |
| 45 |
| |
|
| |
|
| |
|
(9) | If the Secretary of State determines, having regard to that and any other |
| |
relevant information, that P is not suitable for automatic release— |
| |
(a) | the Secretary of State must inform P that he or she will not be |
| |
released under this section, and |
| |
(b) | section 255C applies to P as if the Secretary of State had |
| 5 |
determined, on P’s recall, that P was not suitable for automatic |
| |
| |
255C | Extended sentence prisoners and those not suitable for automatic |
| |
| |
(1) | This section applies to a prisoner (“P”) who— |
| 10 |
(a) | is an extended sentence prisoner, or |
| |
(b) | is not considered to be suitable for automatic release. |
| |
(2) | The Secretary of State may, at any time after P is returned to prison, |
| |
release P again on licence under this Chapter. |
| |
(3) | The Secretary of State must not release P under subsection (2) unless the |
| 15 |
Secretary of State is satisfied that it is not necessary for the protection of |
| |
the public that P should remain in prison. |
| |
(4) | The Secretary of State must refer P’s case to the Board— |
| |
(a) | if P makes representations under section 254(2) before the end |
| |
of the period of 28 days beginning with the date on which P |
| 20 |
returns to custody, on the making of those representations, or |
| |
(b) | if, at the end of that period, P has not been released under |
| |
subsection (2) and has not made such representations, at that |
| |
| |
(5) | Where on a reference under subsection (4) the Board directs P’s |
| 25 |
immediate release on licence under this Chapter, the Secretary of State |
| |
must give effect to the direction. |
| |
(6) | Subsection (7) applies if P is recalled before the date on which P would |
| |
(but for the earlier release) have served the requisite custodial period |
| |
for the purposes of section 243A or (as the case may be) section 244. |
| 30 |
(7) | Where this subsection applies— |
| |
(a) | if P is released under this section before that date, P’s licence |
| |
must include a curfew condition complying with section 253, |
| |
| |
(b) | P is not to be so released (despite subsection (5)) unless the |
| 35 |
Secretary of State is satisfied that arrangements are in place to |
| |
enable that condition to be complied with. |
| |
(8) | For the purposes of this section, P returns to custody when P, having |
| |
been recalled, is detained (whether or not in prison) in pursuance of the |
| |
| 40 |
(2) | After section 244(1) of that Act (duty to release certain prisoners on licence at |
| |
| |
“(1A) | Subsection (1) does not apply if the prisoner has been released on |
| |
licence under section 246 and recalled under section 254 (provision for |
| |
the release of such persons being made by sections 255B and 255C).” |
| 45 |
|
| |
|
| |
|
(3) | In the heading of section 253 of that Act (curfew conditions) after “section 246” |
| |
| |
(4) | In section 256(1) of that Act (review by the Board), for “section 255B(4), 255C(4) |
| |
or 255D(1)” substitute “section 255B(4) or 255C(4)”. |
| |
(5) | In consequence of the amendments made by this section, omit section 29(2) and |
| 5 |
(3) of the Criminal Justice and Immigration Act 2008. |
| |
Other provisions about release |
| |
116 | Supervision of young offenders after release |
| |
| After section 256A of the Criminal Justice Act 2003 insert— |
| |
“Supervision of young offenders after release |
| 10 |
256B | Supervision of young offenders after release |
| |
(1) | This section applies where a person (“the offender”) is released under |
| |
this Chapter from one of the following terms if the term is for less than |
| |
| |
(a) | a term of detention in a young offender institution; |
| 15 |
(b) | a term of detention under section 91 of the Sentencing Act; |
| |
(c) | a term of detention under section 209 of the Armed Forces Act |
| |
| |
(2) | The offender is to be under the supervision of— |
| |
(a) | an officer of a provider of probation services, |
| 20 |
(b) | a social worker of a local authority, or |
| |
(c) | if the offender is under the age of 18 years at the date of release, |
| |
a member of the youth offending team. |
| |
(3) | Where the supervision is to be provided by an officer of a provider of |
| |
probation services, the officer must be an officer acting in the local |
| 25 |
justice area in which the offender resides for the time being. |
| |
(4) | Where the supervision is to be provided by— |
| |
(a) | a social worker of a local authority, or |
| |
(b) | a member of a youth offending team, |
| |
| the social worker or member must be a social worker of, or a member |
| 30 |
of a youth offending team established by, the local authority within |
| |
whose area the offender resides for the time being. |
| |
(5) | The supervision period begins on the offender’s release and ends three |
| |
months later (whether or not the offender is detained under section |
| |
256C or otherwise during that period). |
| 35 |
(6) | During the supervision period, the offender must comply with such |
| |
requirements, if any, as may for the time being be specified in a notice |
| |
from the Secretary of State. |
| |
(7) | The requirements that may be specified in a notice under subsection (6) |
| |
| 40 |
|
| |
|
| |
|
(a) | requirements for securing the electronic monitoring of the |
| |
offender’s compliance with any other requirements specified in |
| |
| |
(b) | requirements for securing the electronic monitoring of the |
| |
offender’s whereabouts (otherwise than for the purpose of |
| 5 |
securing compliance with requirements specified in the notice); |
| |
(c) | in the circumstances mentioned in subsection (8), requirements |
| |
to provide, when instructed to do so by an officer of a provider |
| |
of probation services or a person authorised by the Secretary of |
| |
State, any sample mentioned in the instruction for the purpose |
| 10 |
of ascertaining whether the offender has any specified Class A |
| |
| |
(8) | The circumstances referred to in subsection (7)(c) are that— |
| |
(a) | the offender has attained the age of 18 years; |
| |
(b) | the offender’s term of detention was imposed for a trigger |
| 15 |
| |
(c) | the requirements to provide samples are being imposed for the |
| |
purpose of determining whether the offender is complying with |
| |
any other requirements specified in the notice. |
| |
(9) | The function of giving such an instruction as is mentioned in subsection |
| 20 |
(7)(c) must be exercised in accordance with guidance given from time |
| |
to time by the Secretary of State; and the Secretary of State may make |
| |
rules about the requirements that may be imposed by virtue of |
| |
subsection (7) and the provision of samples in pursuance of such an |
| |
| 25 |
| |
“specified Class A drug” has the same meaning as in Part 3 of the |
| |
Criminal Justice and Court Services Act 2000; |
| |
| |
(a) | has the same meaning as in that Part, unless paragraph |
| 30 |
| |
(b) | if the offender’s term of detention was imposed for an |
| |
offence under section 42 of the Armed Forces Act 2006 |
| |
(criminal conduct), means such an offence as respects |
| |
which the corresponding offence under the law of |
| 35 |
England and Wales is a trigger offence within the |
| |
| |
256C | Breach of supervision requirements |
| |
(1) | Where an offender is under supervision under section 256B and it |
| |
appears on information to a justice of the peace that the offender has |
| 40 |
failed to comply with requirements under section 256B(6), the justice |
| |
| |
(a) | issue a summons requiring the offender to appear at the place |
| |
and time specified in the summons, or |
| |
(b) | if the information is in writing and on oath, issue a warrant for |
| 45 |
| |
(2) | Any summons or warrant issued under this section must direct the |
| |
offender to appear or be brought— |
| |
|
| |
|