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
98

(a)
before a court acting for the local justice area in which the
offender resides, or
(b)
if it is not known where the offender resides, before a court
acting for same local justice area as the justice who issued the
summons or warrant.
5
(3)
Where the offender does not appear in answer to a summons issued
under subsection (1)(a), the court may issue a warrant for the offender’s
arrest.
(4)
If it is proved to the satisfaction of the court that the offender has failed
to comply with requirements under section 256B(6), the court may—
10
(a)
order the offender to be detained, in prison or such youth
detention accommodation as the Secretary of State may
determine, for such period, not exceeding 30 days, as the court
may specify, or
(b)
impose on the offender a fine not exceeding level 3 on the
15
standard scale.
(5)
An offender detained in pursuance of an order under subsection (4)(a)
is to be regarded as being in legal custody.
(6)
A fine imposed under subsection (4)(b) is to be treated, for the purposes
of any enactment, as being a sum adjudged to be paid by a conviction.
20
(7)
An offender may appeal to the Crown Court against any order made
under subsection (4)(a) or (b).
(8)
In this section “court” means—
(a)
if the offender has attained the age of 18 years at the date of
release, a magistrates’ court other than a youth court;
25
(b)
if the offender is under the age of 18 years at the date of release,
a youth court.”
117
Miscellaneous amendments relating to release and recall
(1)
The Criminal Justice Act 2003 is amended as follows.
(2)
Omit section 248(2) (Secretary of State to consult Board before releasing
30
extended sentence prisoner on compassionate grounds).
(3)
In section 256(1) (review by the Board)—
(a)
for “recommend” substitute “direct”;
(b)
for “recommendation” substitute “direction”.
(4)
In section 256A (further review)—
35
(a)
in subsection (4)(a), for “recommending” substitute “directing”;
(b)
in subsection (4)(c), for “recommendation” substitute “direction”;
(c)
in subsection (5), for “recommendation” (in both places) substitute
“direction”.
(5)
In section 260(5) (duties and powers remaining exercisable in relation to
40
persons removed from prison), after “244” insert “, 247”.
(6)
In section 261(5) (re-entry to UK of offender removed early: re-release), after

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 4 — Release on licence etc
99

“sentence expiry date,” insert “—
(a)
if the person is serving an extended sentence imposed under
section 227 or 228, section 247 has effect in relation to that
person as if the reference to one-half of the appropriate
custodial term were a reference to the further custodial period;
5
(b)
in any other case,”.
(7)
In section 261(6) (re-entry to UK of offender removed early: definitions), in the
definition of “requisite custodial period”, after the words “requisite custodial
period” insert “—
(a)
in relation to a prisoner serving an extended sentence
10
imposed under section 227 or 228, means one-half of the
appropriate custodial term (determined by the court
under that section);
(b)
in any other case,”.
(8)
In section 263(2)(b) (concurrent terms: authority to release), for “section 244”
15
substitute “section 246”.
(9)
In section 263(2)(c) (concurrent terms: licence period), for the words “for so
long, and subject to such conditions, as is” substitute “—
(i)
until the last date on which the offender is required to be
on licence in respect of any of the terms, and
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(ii)
subject to such conditions as are”.
118
Replacement of transitory provisions
(1)
Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release on licence) is
amended as follows.
(2)
In section 237(1)(b) (“fixed-term prisoner” includes those serving sentence of
25
detention)—
(a)
after “91” insert “or 96”;
(b)
before “228” insert “227 or”.
(3)
At the end of that section insert—
“(3)
In this Chapter, references to a sentence of detention under section 96
30
of the Sentencing Act or section 227 of this Act are references to a
sentence of detention in a young offender institution.”
(4)
In section 244(3)(a) (duty to release prisoners: requisite custodial period), after
“91” insert “or 96”.
(5)
In section 250(4) (licence conditions)—
35
(a)
after “91” insert “or 96”;
(b)
before “228” insert “227 or”.
(6)
In section 258 (early release of fine defaulters and contemnors), after subsection
(3) insert—
“(3A)
The reference in subsection (3) to sentences of imprisonment includes
40
sentences of detention under section 91 or 96 of the Sentencing Act or
under section 227 or 228 of this Act.”
(7)
In section 263(4) (concurrent terms)—
(a)
after “91” insert “or 96”;

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 4 — Release on licence etc
100

(b)
before “228” insert “227 or”.
(8)
In section 264(7) (consecutive terms)—
(a)
after “91” insert “or 96”;
(b)
before “228” insert “227 or”.
(9)
In section 265(2) (restriction on consecutive sentences)—
5
(a)
after “91” insert “or 96”;
(b)
before “228” insert “227 or”.
(10)
In Part 2 of the Crime (Sentences) Act 1997 (life sentences: release on licence)—
(a)
in section 31A(5) (termination of licences), in the definition of
“preventive sentence”, after “a sentence of imprisonment” insert “or
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detention in a young offender institution”;
(b)
in section 34(2)(d) (interpretation), after “a sentence of imprisonment”
insert “or detention in a young offender institution”.
(11)
In the Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order
2005 (S.I. 2005/643), article 3(7), (10), (11), (12), (13), (14), (15) and (17)(a) and
15
(b) (transitory provision replaced by this section) are revoked.
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Repeal of uncommenced provisions
(1)
This section repeals certain provisions which have not been commenced.
(2)
Omit section 266 of the Criminal Justice Act 2003 (which amends section 64 of
the Criminal Justice and Court Services Act 2000 in relation to drug testing
20
requirements).
(3)
Omit section 34 of the Police and Justice Act 2006 (which makes amendments
of Part 12 of the Criminal Justice Act 2003 relating to imprisonment for bail
offences).
(4)
Omit the following provisions of the Criminal Justice and Immigration Act
25
2008 (which relate to the early release of persons with a settled intention of
residing permanently outside the UK)—
(a)
section 33(2), (4), (7) and (8) (amendments of the Criminal Justice Act
1991);
(b)
section 34(2), (4)(b), (7) and (10) (amendments of the Criminal Justice
30
Act 2003).
(5)
In Schedule 8 to the Crime and Disorder Act 1998 (minor and consequential
amendments) omit—
(a)
paragraph 86 (amendments of section 41 of the Criminal Justice Act
1991);
35
(b)
paragraph 90 (amendment of section 47 of that Act).

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 4 — Release on licence etc
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Life sentence prisoners
120
Removal of prisoners from the United Kingdom

After section 32 of the Crime (Sentences) Act 1997 insert—
“Persons liable to removal from the United Kingdom
32A
Removal of prisoners liable to removal from United Kingdom
5
(1)
Where P—
(a)
is a life prisoner in respect of whom a minimum term order has
been made, and
(b)
is liable to removal from the United Kingdom,

the Secretary of State may remove P from prison under this section at
10
any time after P has served the relevant part of the sentence (whether
or not the Parole Board has directed P’s release under section 28).
(2)
But if P is serving two or more life sentences—
(a)
this section does not apply to P unless a minimum term order
has been made in respect of each of those sentences; and
15
(b)
the Secretary of State may not remove P from prison under this
section until P has served the relevant part of each of them.
(3)
If P is removed from prison under this section—
(a)
P is so removed only for the purpose of enabling the Secretary
of State to remove P from the United Kingdom under powers
20
conferred by—
(i)
Schedule 2 or 3 to the Immigration Act 1971, or
(ii)
section 10 of the Immigration and Asylum Act 1999, and
(b)
so long as remaining in the United Kingdom, P remains liable to
be detained in pursuance of the sentence.
25
(4)
So long as P, having been removed from prison under this section,
remains in the United Kingdom but has not been returned to prison,
any duty or power of the Secretary of State under section 28 or 30 is
exercisable in relation to P as if P were in prison.
(5)
In this section—
30
“liable to removal from the United Kingdom” has the meaning
given by section 259 of the Criminal Justice Act 2003;
“the relevant part” has the meaning given by section 28.
32B
Re-entry into United Kingdom of offender removed from prison
(1)
This section applies if P, having been removed from prison under
35
section 32A, is removed from the United Kingdom.
(2)
If P enters the United Kingdom—
(a)
P is liable to be detained in pursuance of the sentence from the
time of P’s entry into the United Kingdom;
(b)
if no direction was given by the Parole Board under subsection
40
(5) of section 28 before P’s removal from prison, that section
applies to P;

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 4 — Release on licence etc
102

(c)
if such a direction was given before that removal, P is to be
treated as if P had been recalled to prison under section 32.
(3)
A person who is liable to be detained by virtue of subsection (2)(a) is, if
at large, to be taken for the purposes of section 49 of the Prison Act 1952
(persons unlawfully at large) to be unlawfully at large.
5
(4)
Subsection (2)(a) does not prevent P’s further removal from the United
Kingdom.”
Application and transitional provision
121
Application and transitional etc provision

Schedule 15 (provision about the application of sections 109 to 120 and
10
transitional and transitory provision) has effect.
Simplification of existing transitional provisions
122
Simplification of existing transitional provisions
(1)
Chapter 6 of Part 12 of the Criminal Justice Act 2003 (“the 2003 Act”) is to apply
to any person serving a sentence for an offence committed before 4 April 2005
15
(whenever that sentence was or is imposed).
(2)
Section 258 of the 2003 Act (release of fine defaulters and contemnors) is to
apply to any person who was, before 4 April 2005, committed to prison or to be
detained under section 108 of the Powers of Criminal Courts (Sentencing) Act
2000—
20
(a)
in default of payment of a sum adjudged to be paid by a conviction, or
(b)
for contempt of court or any kindred offence.
(3)
In accordance with subsections (1) and (2)—
(a)
the repeal of Part 2 of the Criminal Justice Act 1991 which is made by
section 303(a) of the 2003 Act has effect in relation to any person
25
mentioned in those subsections;
(b)
paragraphs 15 to 18, 19(a), (c) and (d), 20, 22 to 28 and 30 to 34 of
Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and
Transitional and Saving Provisions) Order 2008 (S.I. 2005/950) (which
relate to the coming into force of provisions of Chapter 6 of Part 12 of
30
the 2003 Act) are revoked.
(4)
Section 86 of the Powers of Criminal Courts (Sentencing) Act 2000 (extension
of periods in custody and on licence in the case of certain sexual offences) is
repealed.
(5)
Schedule 16 (transitional and other provision consequential on this section) has
35
effect.
(6)
Schedule 17 (amendments to the 2003 Act restating the effect of certain
transitional and other provision relating to the release and recall of prisoners)
has effect.

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Part 3 — Sentencing and Punishment of Offenders
Chapter 5 — Dangerous offenders
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Chapter 5
Dangerous offenders
123
Life sentence for second listed offence
(1)
In Chapter 5 of Part 12 of the Criminal Justice Act 2003 (sentencing: dangerous
offenders), after section 224 insert—
5
“224A
Life sentence for second listed offence
(1)
This section applies where—
(a)
a person aged 18 or over is convicted of an offence listed in Part
1 of Schedule 15B,
(b)
the offence was committed after this section comes into force,
10
and
(c)
the sentence condition and the previous offence condition are
met.
(2)
The court must impose a sentence of imprisonment for life unless the
court is of the opinion that there are particular circumstances which—
15
(a)
relate to the offence, to the previous offence referred to in
subsection (4) or to the offender, and
(b)
would make it unjust to do so in all the circumstances.
(3)
The sentence condition is that, but for this section, the court would, in
compliance with sections 152(2) and 153(2), impose a sentence of
20
imprisonment for 10 years or more, disregarding any extension period
imposed under section 226A.
(4)
The previous offence condition is that —
(a)
at the time the offence was committed, the offender had been
convicted of an offence listed in Schedule 15B (“the previous
25
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.
(5)
A life sentence is relevant for the purposes of subsection (4)(b) if—
30
(a)
the offender was not eligible for release during the first 5 years
of the sentence, or
(b)
the offender would not have been eligible for release during
that period but for the reduction of the period of ineligibility to
take account of a relevant pre-sentence period.
35
(6)
An extended sentence imposed under this Act (including one imposed
as a result of the Armed Forces Act 2006) is relevant for the purposes of
subsection (4)(b) if the appropriate custodial term imposed was 10
years or more.
(7)
Any other extended sentence is relevant for the purposes of subsection
40
(4)(b) if the custodial term imposed was 10 years or more.
(8)
Any other sentence of imprisonment or detention for a determinate
period is relevant for the purposes of subsection (4)(b) if it was for a
period of 10 years or more.

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 5 — Dangerous offenders
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(9)
An extended sentence or other sentence of imprisonment or detention
is also relevant if it would have been relevant under subsection (7) or
(8) but for the reduction of the sentence, or any part of the sentence, to
take account of a relevant pre-sentence period.
(10)
For the purposes of subsections (4) to (9)—
5
“extended sentence” means—
(a)
a sentence imposed under section 85 of the Sentencing
Act or under section 226A, 226B, 227 or 228 of this Act
(including one imposed as a result of section 219A, 220,
221A or 222 of the Armed Forces Act 2006), or
10
(b)
an equivalent sentence imposed under the law of
Scotland, Northern Ireland or a member State (other
than the United Kingdom);
“life sentence” means—
(a)
a life sentence as defined in section 34 of the Crime
15
(Sentences) Act 1997, or
(b)
an equivalent sentence imposed under the law of
Scotland, Northern Ireland or a member State (other
than the United Kingdom);
“relevant pre-sentence period”, in relation to the previous offence
20
referred to in subsection (4), means any period which the
offender spent in custody or on bail before the sentence for that
offence was imposed;
“sentence of imprisonment or detention” includes any sentence of
a period in custody (however expressed).
25
(11)
An offence the sentence for which is imposed under this section is not
to be regarded as an offence the sentence for which is fixed by law.”
(2)
Schedule 18 (new Schedule 15B to the Criminal Justice Act 2003) has effect.
(3)
Schedule 19 (life sentence for second listed offence: consequential and
transitory provision) has effect.
30
124
Abolition of certain sentences for dangerous offenders
In Chapter 5 of Part 12 of the Criminal Justice Act 2003 (sentencing: dangerous
offenders) omit—
(a)
section 225(3) to (4) (imprisonment for public protection for serious
offences),
35
(b)
section 226(3) to (4) (detention for public protection for serious
offences),
(c)
section 227 (extended sentence for certain violent or sexual offences:
persons 18 or over), and
(d)
section 228 (extended sentence for certain violent or sexual offences:
40
persons under 18).
125
New extended sentences
In Chapter 5 of Part 12 of the Criminal Justice Act 2003 (sentencing: dangerous
offenders), after section 226 and the italic heading “Extended sentences”