Criminal Justice and Courts Bill (HL Bill 30)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

13 (1) Section 147A(4) of the Powers of Criminal Courts (Sentencing) Act 2000
(extension of disqualification where custodial sentence also imposed) is
amended as follows.

(2) 5In paragraph (e), for “that Act” (in the first place) substitute “the Criminal
Justice Act 2003”.

(3) After paragraph (f) insert—

“(fa) in the case of a sentence under section 236A of that Act
(special custodial sentence for certain offenders of particular
10concern), a period equal to half of the term imposed pursuant
to section 236A(2)(a) of that Act calculated after that term has
been reduced by any relevant discount;”.

Criminal Justice Act 2003 (c. 44)Criminal Justice Act 2003 (c. 44)

14 The Criminal Justice Act 2003 is amended as follows.

15 (1) 15Section 237 (meaning of “fixed-term prisoner”) is amended as follows.

(2) In subsection (1)(b), for “ or 228” substitute “, 228 or 236A”.

(3) In subsection (1B)—

(a) omit “and” at the end of paragraph (c), and

(b) at the end insert “, and

(e) 20references to a sentence under section 236A of this Act
include a sentence under that section passed as a
result of section 224A of that Act.”

(4) In subsection (3), for “or 227” substitute “, 227 or 236A”.

16 In section 240ZA(11) (time remanded in custody to count as time served), for
25“or 228” substitute “, 228 or 236A”.

17 (1) Section 250 (licence conditions) is amended as follows.

(2) In subsection (4)—

(a) for “or 227” substitute “, 227 or 236A”, and

(b) for “or 228” substitute “, 228 or 236A”.

(3) 30For subsection (5A) substitute—

“(5A) When a prisoner described in subsection (5B) is released on licence,
either initially or after recall to prison, the Secretary of State must not
include in the licence a condition referred to in subsection (4)(b)(ii)
unless the Board directs the Secretary of State to do so.

(5B) 35Those prisoners are—

(a) a prisoner serving an extended sentence imposed under
section 226A or 226B, other than a sentence that meets the
conditions in section 246A(2) (release without direction of the
Board), and

(b) 40a prisoner serving a sentence imposed under section 236A.”

18 In section 256AA(1) (supervision after end of sentence of prisoners serving

less than 2 years), after paragraph (b) (but before “or”) insert—

“(ba) the sentence was imposed under section 236A,”.

19 In section 258(3A) (early release of fine defaulters and contemnors), for “or
228” substitute “, 228 or 236A”.

20 (1) 5Section 260 (early removal of prisoners liable to removal from United
Kingdom) is amended as follows.

(2) In subsection (2A), after “226B” insert “or a sentence under section 236A”.

(3) In subsection (2B), after “section” insert “244A or”.

(4) In subsection (5), after “244” insert “, 244A”.

21 10In section 261(5)(b) (re-entry into United Kingdom of offender removed
from prison early), after “244” insert “, 244A”.

22 In section 263(4) (concurrent terms), for “or 228” substitute “, 228 or 236A”.

23 (1) Section 264 (consecutive terms) is amended as follows.

(2) For subsection (6) substitute—

“(6) 15In this section “custodial period” means—

(a) in relation to an extended sentence imposed under section
226A or 226B, two-thirds of the appropriate custodial term
determined by the court under that section,

(b) in relation to an extended sentence imposed under section
20227 or 228, one-half of the appropriate custodial term
determined by the court under that section,

(c) in relation to a sentence imposed under section 236A, one-
half of the appropriate custodial term determined by the
court under that section, and

(d) 25in relation to any other sentence, one-half of the sentence.”

(3) In subsection (7), for “or 228” substitute “, 228 or 236A”.

24 In section 265(2) (restriction on consecutive sentences for released
prisoners), for “or 228” substitute “, 228 or 236A”.

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

25 (1) 30Section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act
2012 (power to change test for release on licence of certain prisoners) is
amended as follows.

(2) In subsection (2), after paragraph (b) (but before “or”) insert—

“(ba) a section 236A prisoner,”.

(3) 35In subsection (3), before paragraph (b) insert—

“(ab) amend section 244A of the Criminal Justice Act 2003 (release
on licence of section 236A prisoners),”.

(4) In subsection (6), at the end insert—

• ““section 236A prisoner” means a prisoner who is serving a
  40sentence under section 236A of the Criminal Justice Act 2003
  (including one imposed as a result of section 224A of the
  Armed Forces Act 2006).”

Section 6

SCHEDULE 2 Electronic monitoring and licences etc: consequential provision

Crime (Sentences) Act 1997 (c. 43)Crime (Sentences) Act 1997 (c. 43)

1 In section 31 of the Crime (Sentences) Act 1997 (duration and conditions of
5licences), for subsection (3) substitute—

“(3) The Secretary of State must not include a condition in a life prisoner’s
licence on release, insert a condition in such a licence or vary or
cancel a condition of such a licence except—

(a) in accordance with recommendations of the Parole Board, or

(b) 10where required to do so by an order under section 62A of the
Criminal Justice and Court Services Act 2000 (compulsory
electronic monitoring conditions).”

Criminal Justice and Court Services Act 2000 (c. 43)Criminal Justice and Court Services Act 2000 (c. 43)

2 (1) Section 62 of the Criminal Justice and Court Services Act 2000 (release on
15licence etc: conditions as to monitoring) is amended as follows.

(2) Omit subsection (3).

(3) In the heading of that section, for “conditions as to monitoring” substitute
“electronic monitoring conditions”.

Criminal Justice Act 2003 (c. 44)Criminal Justice Act 2003 (c. 44)

3 20The Criminal Justice Act 2003 is amended as follows.

4 (1) Section 250(4) (licence conditions) is amended as follows.

(2) After paragraph (a) (but before “and”) insert—

“(aa) must include any electronic monitoring conditions required
by an order under section 62A of the Criminal Justice and
25Court Services Act 2000,”.

(3) In paragraph (b)(i), after “any” insert “other”.

5 (1) Section 253 (curfew condition for licence under section 246, 255B or 255C) is
amended as follows.

(2) In subsection (1), for “requirements for securing the” substitute “a
30requirement, imposed under section 62 of the Criminal Justice and Court
Services Act 2000, to submit to”.

(3) Omit subsection (5).

6 In section 256B(7) (supervision after release of certain young offenders
serving less than 12 months: requirements that may be imposed), in
35paragraphs (a) and (b), for “for securing the” substitute “to submit to”.

Section 17

SCHEDULE 3 Ill-treatment or wilful neglect: excluded health care

Excluded health care

1 (1) For the purposes of section 17, “excluded health care” means—

(a) 5health care provided on the premises of an educational institution
listed in paragraph 3, subject to sub-paragraph (2);

(b) health care provided at accommodation provided by an educational
institution listed in paragraph 3 for an individual being educated at
the institution, other than accommodation provided in connection
10with a residential trip away from the institution;

(c) health care provided at a children’s home or a residential family
centre in respect of which a person is registered under Part 2 of the
Care Standards Act 2000;

(d) health care provided on a part of other premises at a time when the
15part is being used entirely or mainly for an education or childcare
purpose;

subject to sub-paragraph (3).

(2) Health care is not excluded health care if it is provided on a part of the
premises of an educational institution listed in paragraph 3 at a time when
20the sole or main purpose for which the part of the premises is being used—

(a) is not connected with the operation of the institution, and

(b) is not an education or childcare purpose.

(3) Health care is not excluded health care if it is provided on the premises of a
hospital to an individual who is being educated there by reason of a decision
25made by a registered medical practitioner.

Use “for an education or childcare purpose”

2 A part of premises is used “for an education or childcare purpose” when it
is used—

(a) for the purposes of education provided for an individual being
30educated at an educational institution listed in paragraph 3 in
circumstances in which the institution requires the individual to
attend at the premises for that purpose;

(b) for the purposes of education provided for a child of compulsory
school age under section 19 of the Education Act 1996 or section 100
35of the Education and Inspections Act 2006 (provision of education in
cases of illness, exclusion etc);

(c) for the purposes of education provided for a child of compulsory
school age as required by section 7 of the Education Act 1996,
otherwise than by regular attendance at an educational institution
40listed in paragraph 3;

(d) for the purposes of early years provision or later years provision
provided in England by a person who is registered, or required to be
registered, to provide such provision under Part 3 of the Childcare
Act 2006;

(e) 45for the purposes of later years provision provided in England for a
child who is aged 8 or over in circumstances in which a requirement

to register would arise under Part 3 of the Childcare Act 2006 if the
child were aged under 8;

(f) for the purposes of childminding or day care provided in Wales by a
person who is registered, or is required to be registered, to provide
5such care under Part 2 of the Children and Families (Wales) Measure
2010 (nawm 1);

(g) for the purposes of a holiday scheme for disabled children in
England carried on or managed by a person who is registered to
carry on or manage such schemes, or required to be so registered,
10under Part 2 of the Care Standards Act 2000.

Educational institutions

3 The educational institutions mentioned in paragraphs 1(1)(a) and (b) and (2)
and 2(a) and (c) are—

(a) a maintained school (as defined in section 20(7) of the School
15Standards and Framework Act 1998);

(b) a maintained nursery school (as defined in section 22(9) of the
Schools Standards and Framework Act 1998);

(c) an independent school (as defined in section 463 of the Education Act
1996) entered on a register of independent schools kept under section
20158 of the Education Act 2002;

(d) an independent educational institution (as defined in section 92(1) of
the Education and Skills Act 2008) entered on a register of
independent educational institutions kept under section 95 of that
Act;

(e) 25a school approved under section 342 of the Education Act 1996 (non-
maintained special schools);

(f) a pupil referral unit (as defined in section 19 of the Education Act
1996);

(g) an alternative provision Academy (as defined in section 1C(3) of the
30Academies Act 2010);

(h) a 16 to 19 Academy (as defined in section 1B(3) of the Academies Act
2010);

(i) a sixth form college (as defined in section 91(3A) of the Further and
Higher Education Act 1992);

(j) 35a special post-16 institution (as defined in section 83(2) of the
Children and Families Act 2014).

Definitions

4 In this Schedule—

• “childminding” has the same meaning as in Part 2 of the Children and
  40Families (Wales) Measure 2010 (nawm 1);

• “children’s home” has the meaning given in section 1 of the Care
  Standards Act 2000;

• “day care” has the same meaning as in Part 2 of the Children and
  Families (Wales) Measure 2010 (nawm 1);

• 45“early years provision” has the meaning given in section 96 of the
  Childcare Act 2006;

• “education”—

  (a)

  does not include higher education;

  Criminal Justice and Courts BillPage 85

  (b)

  includes vocational, social, physical and recreational
  training;

• “health care” has the same meaning as in section 17;

• “higher education” has the meaning given in section 579(1) of the
  5Education Act 1996;

• “hospital”—

  (a)

  in relation to England, has the same meaning as in section 275
  of the National Health Service Act 2006, and

  (b)

  in relation to Wales, has the same meaning as in section 206
  10of the National Health Service (Wales) Act 2006;

• “later years provision” has the meaning given in section 96 of the
  Childcare Act 2006;

• “premises”, in relation to an educational institution, includes detached
  playing fields but does not include land occupied solely as a
  15dwelling by a person employed at the institution;

• “residential family centre” has the meaning given in section 4 of the
  Care Standards Act 2000.

Section 26

SCHEDULE 4 Offences committed by disqualified drivers: further amendments

20Road Traffic Act 1988 (c. 52)Road Traffic Act 1988 (c. 52)

1 (1) Section 3ZB of the Road Traffic Act 1988 (causing death by driving:
unlicensed, disqualified or uninsured drivers) is amended as follows.

(2) Omit paragraph (b) (but not the “or” at the end).

(3) In the heading, omit “, disqualified”.

25Road Traffic Offenders Act 1988 (c. 53)Road Traffic Offenders Act 1988 (c. 53)

2 The Road Traffic Offenders Act 1988 is amended as follows.

3 (1) Section 24 (alternative verdicts: general) is amended as follows.

(2) In subsection (A2)—

(a) after paragraph (b) insert—

“(ba) 30an offence under section 3ZC of that Act (causing death by
driving: disqualified drivers),

(bb) an offence under section 3ZD of that Act (causing serious
injury by driving: disqualified drivers),”.

(3) In the table in subsection (1), at the appropriate place insert—

4 40In section 34(4)(a) (disqualification for certain offences), after sub-paragraph
(iia) insert—

“(iib) an offence under section 3ZC of that Act (causing
death by driving: disqualified drivers), or

(iic) an offence under section 3ZD of that Act (causing
45serious injury by driving: disqualified drivers), or”.

5 (1) Section 36(2) (disqualification until test is passed) is amended as follows.

(2) At the end of paragraph (a) omit “or”.

(3) For paragraph (b) substitute—

“(b) an offence under section 1 of the Road Traffic Act 1988
50(causing death by dangerous driving),

(c) an offence under section 1A of that Act (causing serious
injury by dangerous driving),

(d) an offence under section 2 of that Act (dangerous driving),

(e) an offence under section 3ZC of that Act (causing death by
55driving: disqualified drivers), or

(f) an offence under section 3ZD of that Act (causing serious
injury by driving: disqualified drivers).”

6 In section 45 (effect of endorsement of counterparts), for subsection (6)
substitute—

“(6) 60Where the offence was under one of the following sections of the
Road Traffic Act 1988, the endorsement remains effective until four
years have elapsed since the conviction—

(a) section 1 (causing death by dangerous driving),

(b) section 1A (causing serious injury by dangerous driving),

(c) 65section 2 (dangerous driving),

(d) section 3ZC (causing death by driving: disqualified drivers),
or

(e) section 3ZD (causing serious injury by driving: disqualified
drivers).”

7 70In section 45A (effect of endorsement of driving records), for subsection (4),
as substituted by paragraph 42 of Schedule 3 to the Road Safety Act 2006
(endorsement: all drivers), substitute—

“(4) Where the offence was under one of the following sections of the
Road Traffic Act 1988, the endorsement remains effective until four
75years have elapsed since the conviction—

(a) section 1 (causing death by dangerous driving),

(b) section 1A (causing serious injury by dangerous driving),

(c) section 2 (dangerous driving),

(d) section 3ZC (causing death by driving: disqualified drivers),
80or

(e) section 3ZD (causing serious injury by driving: disqualified
drivers).”

8 (1) The table in Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply)
is amended as follows.

(2) In the entry relating to section 3ZB of the Road Traffic Act 1988, in the second
column omit “, disqualified”.

(3) After that entry insert—

9 In the table in Part 1 of Schedule 2 (prosecution and punishment of offences
under the Traffic Acts), in the entry relating to section 3ZB of the Road
10Traffic Act 1988, in column 2 omit “, disqualified”.

Crime (International Co-operation) Act 2003 (c. 32)Crime (International Co-operation) Act 2003 (c. 32)

10 (1) Paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act
2003 (application of duty to give notice to foreign authorities of driving
disqualification of a non-UK resident) is amended as follows.

(2) 15In sub-paragraph (ca) omit “, disqualified”.

(3) After that sub-paragraph insert—

“(cb) section 3ZC (causing death by driving: disqualified drivers),

(cc) section 3ZD (causing serious injury by driving: disqualified
drivers),”.

20Criminal Justice Act 2003 (c. 44)Criminal Justice Act 2003 (c. 44)

11 In Part 1 of Schedule 15 to the Criminal Justice Act 2003 (specified violent
offences for the purposes of sentencing dangerous offenders), after
paragraph 48 (offence under section 1 of the Road Traffic Act 1988) insert—

“48A An offence under section 3ZC of that Act (causing death by
25driving: disqualified drivers).”

Coroners and Justice Act 2009 (c. 25)Coroners and Justice Act 2009 (c. 25)

12 (1) In paragraph 1(6) of Schedule 1 to the Coroners and Justice Act 2009
(suspension of investigations where certain criminal charges may be
brought), in the definition of “homicide offence”, paragraph (b) is amended
30as follows.

(2) In sub-paragraph (iii) omit “, disqualified”.

(3) After that sub-paragraph insert—

“(iiia) section 3ZC (causing death by driving: disqualified
drivers);”.

Section 29

SCHEDULE 5 Secure colleges etc: further amendments

Prison Act 1952 (c. 52)Prison Act 1952 (c. 52)

1 The Prison Act 1952 is amended as follows.

2 5In section 37(4) (closing of prisons etc), for “or secure training centre”
substitute “, secure training centre or secure college”.

3 (1) Section 47 (rules for the management of prisons etc) is amended as follows.

(2) In subsection (1), for “or secure training centres respectively” substitute “,
secure training centres or secure colleges”.

(3) 10In subsection (1A)(a), after “secure training centres” insert “, secure
colleges”.

(4) In subsection (4A)—

(a) for “the inspection of secure training centres and” substitute “—

(a) the inspection of secure training centres and secure
15colleges, and

(b)”,

(b) for “visit secure training centres” substitute “visit them”, and

(c) for “detained in secure training centres” substitute “detained there”.

(5) In subsection (5), for “or secure training centre” substitute “, secure training
20centre or secure college”.

(6) For the heading of that section substitute “Rules for the management of
prisons and places for the detention of young offenders”.

4 In section 49(5) (persons unlawfully at large: definition of “youth detention
accommodation”), after paragraph (b) (but before “or”) insert—

“(ba) 25a secure college;”.

Criminal Justice Act 1961 (c. 39)1961 (c. 39)

5 The Criminal Justice Act 1961 is amended as follows.

6 In section 23(4) (prison rules), after “a young offender institution” insert “, a
secure college,”.

7 30In section 38(3)(a) (construction of references to sentence of imprisonment
etc)—

(a) for “young offenders” substitute “young offender”, and

(b) after “secure training centre” insert “or secure college”.

Criminal Justice Act 1982 (c. 48)Criminal Justice Act 1982 (c. 48)

8 (1) 35Section 32 of the Criminal Justice Act 1982 (early release of prisoners) is
amended as follows.

(2) In subsection (1)(a)—

(a) omit “under section 225 of the Criminal Justice Act 2003”, and

(b) omit “under section 226A or 227 of that Act”.

(3) For subsection (1A) substitute—

“(1A) In this section—

(a) references to a sentence of imprisonment include a sentence
of detention (other than a sentence of service detention
5within the meaning of the Armed Forces Act 2006), including
a detention and training order and an order under section 211
of the Armed Forces Act 2006;

(b) references to a sentence of imprisonment for life include
custody for life and detention at Her Majesty’s pleasure;

(c) 10references to a sentence of imprisonment for public
protection are to a sentence under section 225 or 226 of the
Criminal Justice Act 2003, including a sentence passed as a
result of section 219 or 221 of the Armed Forces Act 2006;

(d) references to an extended sentence are to a sentence under
15section 226A, 226B, 227 or 228 of the Criminal Justice Act
2003, including a sentence passed as a result of section 219A,
220, 221A or 222 of the Armed Forces Act 2006;

(e) references to prison include youth detention accommodation
(within the meaning of section 107(1) of the Powers of
20Criminal Courts (Sentencing) Act 2000).”

(4) In subsection (6), omit “not within subsection (5) above”.

(5) After subsection (6) insert—

“(6A) Subsection (6) does not apply—

(a) where the person is within subsection (5), or

(b) 25where the sentence is a detention and training order or a
sentence under section 211 of the Armed Forces Act 2006.”

(6) Omit subsections (7) and (7A).

Police and Criminal Evidence Act 1984 (c. 60)1984 (c. 60)

9 In section 17(1)(cb)(i) of the Police and Criminal Evidence Act 1984 (entry for
30purpose of arrest etc), for the words from “remand centre” to “secure
training centre” substitute “young offender institution, secure training
centre or secure college”.

Water Industry Act 1991 (c. 56)Water Industry Act 1991 (c. 56)

10 In paragraph 13(2) of Schedule 4A to the Water Industry Act 1991 (premises
35not to be disconnected for non-payment of a charge)—

(a) in paragraph (b), omit the words from “within” to “, or”, and

(b) after that paragraph insert—

“(ba) a secure college, or”.

Prisoners (Return to Custody) Act 1995 (c. 16)1995 (c. 16)

11 40In section 1(2) of the Prisoners (Return to Custody) Act 1995 (remaining at
large after temporary release), after “secure training centre” insert “or secure
college”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

12 In section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000
(definition of “youth detention accommodation” for the purposes of
detention and training orders), after paragraph (a) insert—

“(aa) 5a secure college;”.

Children Act 2004 (c. 31)Children Act 2004 (c. 31)

13 The Children Act 2004 is amended as follows.

14 In section 11(1) (arrangements to safeguard and promote welfare), after
paragraph (l) insert—

“(la) 10the principal of a secure college in England;”.

15 In section 13(3) (establishment of Local Safeguarding Children Boards), after
paragraph (i) insert—

“(ia) the principal of a secure college in the area of the authority;”.

16 In section 15(3)(c) (funding of Local Safeguarding Children Boards), after “or
15prison” insert “or the principal of a secure college”.

17 In section 25(4A) (co-operation to improve well-being: Wales)—

(a) for “Crown or” substitute “Crown,” and

(b) after “director)” insert “or the principal of a secure college”.

18 In section 28(1) (arrangements to safeguard and promote welfare: Wales),
20after paragraph (h) insert—

“(ha) the principal of a secure college in Wales;”.

19 In section 31(3) (establishment of Local Safeguarding Children Boards in
Wales), after paragraph (f) insert—

“(fa) the principal of a secure college in the area of the authority;”.

20 25In section 33(3)(c) (funding of Local Safeguarding Children Boards in
Wales), after “or prison” insert “or the principal of a secure college”.

Childcare Act 2006 (c. 21)2006 (c. 21)

21 In section 18(7) of the Childcare Act 2006 (meaning of “childcare”)—

(a) in paragraph (a), omit “or”,

(b) 30at the end of paragraph (b), insert “, or”, and

(c) after paragraph (b) insert—

“(c) a secure college.”

Education and Inspections Act 2006 (c. 40)Education and Inspections Act 2006 (c. 40)

22 (1) Section 146 of the Education and Inspections Act 2006 (inspection of secure
35training centres) is amended as follows.

(2) In the heading, after “secure training centres” insert “and secure colleges”.

(3) In subsection (1), after “secure training centres” insert “and secure colleges”.

(4) Omit subsection (3).