Criminal Justice and Courts Bill (HL Bill 43)

(b) if committed on the day on which the offender was
convicted of the offence, would have constituted an
offence specified in the preceding paragraphs of this
Schedule.

5Meaning of “terrorist connection”

24 For the purposes of this Schedule, an offence has a terrorist
connection if a court has determined under section 30 of the
Counter-Terrorism Act 2008 that the offence has such a
connection.”

10Release on licence to be directed by Parole Board

5 In section 244(1) (duty to release prisoners), after “243A” insert “, 244A”.

6 After section 244 insert—

“244A Release on licence of prisoners serving sentence under section 236A

(1) This section applies to a prisoner (“P”) who is serving a sentence
15imposed under section 236A.

(2) The Secretary of State must refer P’s case to the Board—

(a) as soon as P has served the requisite custodial period, and

(b) where there has been a previous reference of P’s case to the
Board under this subsection and the Board did not direct P’s
20release, not later than the second anniversary of the disposal
of that reference.

(3) It is the duty of the Secretary of State to release P on licence under this
section as soon as—

(a) P has served the requisite custodial period, and

(b) 25the Board has directed P’s release under this section.

(4) The Board must not give a direction under subsection (3) unless—

(a) the Secretary of State has referred P’s case to the Board, and

(b) the Board is satisfied that it is not necessary for the protection
of the public that P should be confined.

(5) 30It is the duty of the Secretary of State to release P on licence under this
section as soon as P has served the appropriate custodial term, unless
P has previously been released on licence under this section and
recalled under section 254 (provision for the release of such persons
being made by sections 255A to 255C).

(6) 35For the purposes of this section—

• “the appropriate custodial term” means the term determined as
  such by the court under section 236A;

• “the requisite custodial period” means—

  (a)

  in relation to a person serving one sentence, one-half
  40of the appropriate custodial term, and

  (b)

  in relation to a person serving two or more concurrent
  or consecutive sentences, the period determined
  under sections 263(2) and 264(2).”

7 (1) Section 246 (power to release prisoners on licence before required to do so)
is amended as follows.

(2) In subsection (4)(a) (disapplication of power), for “or 228” substitute “, 228
or 236A”.

(3) 5In subsection (6), in the definition of “term of imprisonment” for “or 228”
substitute “, 228 or 236A”.

Part 2 Offenders convicted of service offences

Armed Forces Act 2006 (c. 52)Armed Forces Act 2006 (c. 52)

8 10In the Armed Forces Act 2006, after section 224 insert—

“224A Special custodial sentence for certain offenders of particular concern

(1) This section applies where—

(a) a person is convicted by the Court Martial of an offence under
section 42 (criminal conduct) (whether the offence was
15committed before or after this section comes into force),

(b) the corresponding offence under the law of England and
Wales is an offence listed in Schedule 18A to the 2003 Act,

(c) the person was aged 18 or over when the offence was
committed, and

(d) 20the court does not impose one of the following for the
offence—

(i) a sentence of imprisonment for life, or

(ii) an extended sentence of imprisonment under section
226A of the 2003 Act (as applied by section 219A of
25this Act).

(2) If the court imposes a sentence of imprisonment for the offence,
section 236A(2) to (4) of the 2003 Act apply in relation to the term of
the sentence.

(3) The references in subsections (1)(d) and (2) to a sentence imposed for
30the offence include a sentence imposed for the offence and one or
more offences associated with it.

(4) In Schedule 18A to the 2003 Act, as applied by this section, the
reference in paragraph 24 to section 30 of the Counter-Terrorism Act
2008 is to be read as a reference to section 32 of that Act.”

35Part 3 Transitional and transitory provision

Application of new provisions about special custodial sentences

9 (1) Section 236A of the Criminal Justice Act 2003, inserted by paragraph 2 of this
Schedule, applies in relation to the sentencing of a person for an offence after
40that paragraph comes into force, whether the person was convicted of the
offence before or after it comes into force.

(2) Section 224A of the Armed Forces Act 2006, inserted by paragraph 8 of this
Schedule, applies in relation to the sentencing of a person for an offence after
that paragraph comes into force, whether the person was convicted of the
offence before or after it comes into force.

5Detention in a young offender institution

10 (1) This paragraph applies 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).

(2) Section 236A of the Criminal Justice Act 2003 applies as if at the end there
10were inserted—

“(8) In the case of a person aged under 21, this section applies as if the
references to imprisonment were to detention in a young offender
institution.”

(3) Section 224A of the Armed Forces Act 2006 applies as if at the end there were
15inserted—

“(5) In the case of a person aged under 21, this section applies as if the
references to imprisonment were to detention in a young offender
institution.”

Part 4 20Consequential provision

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

11 (1) Section 35A(4) of the Road Traffic Offenders Act 1988 (extension of
disqualification where custodial sentence also imposed) is amended as
follows.

(2) 25In 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
30concern), 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;”.

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

12 (1) Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within
35the British Islands) is amended as follows.

(2) In paragraph 8(2)(a) (restricted transfers from England and Wales to
Scotland), after “244” insert “, 244A”.

(3) In paragraph 9(2)(a) (restricted transfers from England and Wales to
Northern Ireland), after “244” insert “, 244A”.

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 7

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 19

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

Excluded health care

1 (1) For the purposes of section 19, “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 88

  (b)

  includes vocational, social, physical and recreational
  training;

• “health care” has the same meaning as in section 19;

• “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 28

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 In 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) 5an offence under section 3ZD of that Act (causing
serious 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) 10an offence under section 1 of the Road Traffic Act 1988
(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) 15an offence under section 3ZC of that Act (causing death by
driving: 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)
20substitute—

“(6) Where 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) 25section 1A (causing serious injury by dangerous driving),

(c) section 2 (dangerous driving),

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

(e) section 3ZD (causing serious injury by driving: disqualified
30drivers).”

7 In 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
35Road 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) section 2 (dangerous driving),

(d) 40section 3ZC (causing death by driving: disqualified drivers),
or

(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)
45is amended as follows.