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
Part 3 — Sentencing and Punishment of Offenders
Chapter 4 — Release on licence etc
91

(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
section 240A relates”;
(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
sentence)—
(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
certain types of bail)”;
(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
service custody).”
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.

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 4 — Release on licence etc
92

Release
112
Prisoners serving less than 12 months
(1)
After section 243 of the Criminal Justice Act 2003 insert—
“Unconditional release
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
263(2) and 264(2).
(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,”.
(3)
In paragraph (g)—
(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
section 255(3))”.
(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
Sentencing Act, or”.
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
is—

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 4 — Release on licence etc
93

(a)
if the terms are partly concurrent, a reference to the period
which begins when the first term begins and ends when the last
term ends;
(b)
if the terms are to be served consecutively, a reference to the
aggregate of the terms.”
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
of this Act.”
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
recalled) insert—
“(2A)
The Secretary of State, after considering any representations under
subsection (2)(a) or any other matters, may cancel a revocation under
15
this section.
(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)”.
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Further release after recall
25
(1)
For sections 255A to 255D of the Criminal Justice Act 2003 (further release after
recall) substitute—
“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
automatic release.
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
to custody.
(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
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members of the public if released at the end of that period.

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 4 — Release on licence etc
94

(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
sentence imposed under—
(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
and Disorder Act 1998.
255B
Automatic release
(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
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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.
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(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,
and
(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
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recalled).

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 4 — Release on licence etc
95

(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
release.
255C
Extended sentence prisoners and those not suitable for automatic
release
(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
time.
(5)
Where on a reference under subsection (4) the Board directs P’s
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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,
and
(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
sentence.”
40
(2)
After section 244(1) of that Act (duty to release certain prisoners on licence at
half-way point) insert—
“(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

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 4 — Release on licence etc
96

(3)
In the heading of section 253 of that Act (curfew conditions) after “section 246”
insert “, 255B or 255C”.
(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
12 months—
(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
2006.
(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)
include—
40

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 4 — Release on licence etc
97

(a)
requirements for securing the electronic monitoring of the
offender’s compliance with any other requirements specified in
the notice;
(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
drug in his or her body.
(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
offence; and
(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
instruction.
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(10)
In this section—
“specified Class A drug” has the same meaning as in Part 3 of the
Criminal Justice and Court Services Act 2000;
“trigger offence”—
(a)
has the same meaning as in that Part, unless paragraph
30
(b) applies;
(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
meaning of that Part.
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
may—
(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
the offender’s arrest.
(2)
Any summons or warrant issued under this section must direct the
offender to appear or be brought—