Criminal Justice and Courts Bill (HL Bill 43)

Part 1 Criminal Justice

Dangerous offenders

1 Maximum sentence for certain offences to be life imprisonment

(1) 5In section 4 of the Explosive Substances Act 1883 (making or possession of
explosive under suspicious circumstances)—

(a) in subsection (1), for the words from “guilty” to the end substitute
“guilty of an offence”, and

(b) after that subsection insert—

“(1A) 10A person who is guilty of an offence under subsection (1) is
liable, on conviction on indictment, to imprisonment for life.

(1B) Where a person is convicted of an offence under subsection (1)
the explosive substance is to be forfeited.”

(2) In section 54(6)(a) of the Terrorism Act 2000 (penalty on conviction on
indictment of offence involving weapons training for terrorism), for
5“imprisonment for a term not exceeding ten years” substitute “imprisonment
for life”.

(3) In section 6(5)(a) of the Terrorism Act 2006 (penalty on conviction on
indictment of offence involving training for terrorism), for “imprisonment for
a term not exceeding 10 years” substitute “imprisonment for life”.

(4) 10The amendments made by this section apply only in relation to an offence
committed on or after the day on which they come into force.

(5) Where an offence is found to have been committed over a period of 2 or more
days, or at some time during a period of 2 or more days, it must be taken for
the purposes of subsection (4) to have been committed on the last of those days.

2 15Specified offences

(1) Schedule 15 to the Criminal Justice Act 2003 (specified offences for purposes of
Chapter 5 of Part 12 of that Act) is amended as follows.

(2) After paragraph 22 (offence under section 3 of the Explosive Substances Act
1883) insert—

“22A 20An offence under section 4 of that Act (making or possession of
explosive under suspicious circumstances).”

(3) For paragraph 64 (accessories and inchoate offences: violent offences)
substitute—

“64 (1) Aiding, abetting, counselling or procuring the commission of an
25offence specified in the preceding paragraphs of this Part of this
Schedule.

(2) An attempt to commit such an offence.

(3) Conspiracy to commit such an offence.

(4) Incitement to commit such an offence.

(5) 30An offence under Part 2 of the Serious Crime Act 2007 in relation to
which an offence specified in the preceding paragraphs of this Part
of this Schedule is the offence (or one of the offences) which the
person intended or believed would be committed.”

(4) For paragraph 65 (attempt or conspiracy to commit murder) substitute—

“65 (1) 35An attempt to commit murder.

(2) Conspiracy to commit murder.

(3) Incitement to commit murder.

(4) An offence under Part 2 of the Serious Crime Act 2007 in relation to
which murder is the offence (or one of the offences) which the person
40intended or believed would be committed.”

(5) Omit paragraph 92 (offence of keeping a brothel under section 33 of the Sexual
Offences Act 1956).

(6) After that paragraph insert—

“92A An offence under section 33A of that Act (keeping a brothel used for
5prostitution).”

(7) For paragraph 153 (accessories and inchoate offences: sexual offences)
substitute—

“153 (1) Aiding, abetting, counselling or procuring the commission of an
offence specified in this Part of this Schedule.

(2) 10An attempt to commit such an offence.

(3) Conspiracy to commit such an offence.

(4) Incitement to commit such an offence.

(5) An offence under Part 2 of the Serious Crime Act 2007 in relation to
which an offence specified in this Part of this Schedule is the offence
15(or one of the offences) which the person intended or believed would
be committed.”

(8) The amendments made by this section apply in relation to a person sentenced
for an offence on or after the day on which they come into force, whenever the
offence was committed.

(9) 20But subsection (8) does not apply for the purposes of the provisions referred to
in subsection (10).

(10) For the purposes of sections 225(1)(a) and 226(1)(a) of the Criminal Justice Act
2003 and sections 219(1)(b) and 221(1)(b) of the Armed Forces Act 2006, the
amendments made by subsections (2) and (4) apply only in relation to a person
25sentenced for an offence that was committed on or after the day on which they
come into force.

(11) Where an offence is found to have been committed over a period of 2 or more
days, or at some time during a period of 2 or more days, it must be taken for
the purposes of subsection (10) to have been committed on the last of those
30days.

3 Schedule 15B offences

(1) Part 1 of Schedule 15B to the Criminal Justice Act 2003 (offences under the law
of England and Wales listed for the purposes of sections 224A(1) and (4), 226A
and 246A of that Act) is amended as follows.

(2) 35After paragraph 3 (offence under section 18 of the Offences Against the Person
Act 1861) insert—

“3A An offence under section 28 of that Act (causing bodily injury by
explosives).

3B An offence under section 29 of that Act (using explosives etc with
40intent to do grievous bodily harm).

3C An offence under section 2 of the Explosive Substances Act 1883
(causing explosion likely to endanger life or property).

3D An offence under section 3 of that Act (attempt to cause explosion, or
making or keeping explosive with intent to endanger life or
property).

3E An offence under section 4 of that Act (making or possession of
5explosive under suspicious circumstances).”

(3) After paragraph 8 insert—

“8A An offence under section 54 of the Terrorism Act 2000 (weapons
training).”

(4) In paragraph 9, for “the Terrorism Act 2000” substitute “that Act”.

(5) 10After paragraph 40 (offence under section 5 of the Terrorism Act 2006) insert—

“40A An offence under section 6 of that Act (training for terrorism).”

(6) Part 4 of Schedule 15B to the Criminal Justice Act 2003 (offences under the law
of Scotland, Northern Ireland or a member State other than the United
Kingdom listed for the purposes of sections 224A(4) and 226A of that Act) is
15amended as follows.

(7) In paragraph 49, for “An offence” substitute “A civilian offence”.

(8) After paragraph 49 insert—

“49A A member State service offence which, if committed in England and
Wales at the time of the conviction, would have constituted an
20offence specified in Part 1 or 2 of this Schedule.

49B In this Part of this Schedule—

• “civilian offence” means an offence other than an offence
  described in Part 3 of this Schedule or a member State service
  offence;

• 25“member State service offence” means an offence which was the
  subject of proceedings under the law of a member State, other
  than the United Kingdom, governing all or any of the naval,
  military or air forces of that State.”

(9) For the purposes of section 224A of the Criminal Justice Act 2003 and section
30218A of the Armed Forces Act 2006, the amendments made by this section
apply only in relation to a person sentenced for an offence that was committed
on or after the day on which they come into force.

(10) For the purposes of section 226A of the Criminal Justice Act 2003 and section
219A of the Armed Forces Act 2006, the amendments made by this section
35apply in relation to a person sentenced for an offence on or after the day on
which they come into force, whenever the offence was committed.

(11) For the purposes of section 246A of the Criminal Justice Act 2003, the
amendments made by subsections (2) to (5) apply in relation to a person
serving an extended sentence imposed on or after the day on which they come
40into force, whenever the offence in question was committed.

(12) Where an offence is found to have been committed over a period of 2 or more
days, or at some time during a period of 2 or more days, it must be taken for
the purposes of subsection (9) to have been committed on the last of those days.

4 Parole Board release when serving extended sentences

(1) Section 246A of the Criminal Justice Act 2003 (release on licence of prisoners
serving extended sentences under section 226A or 226B) is amended as follows.

(2) In subsection (2) (automatic release at the end of requisite custodial period), for
5the words from “unless” to the end substitute “if—

(a) the sentence was imposed before the coming into force of
section 4 of the Criminal Justice and Courts Act 2014,

(b) the appropriate custodial term is less than 10 years, and

(c) the sentence was not imposed in respect of an offence listed in
10Parts 1 to 3 of Schedule 15B or in respect of offences that include
one or more offences listed in those Parts of that Schedule.”

(3) In subsection (3) (release following Parole Board direction), for “If either or
both of those conditions are met” substitute “In any other case”.

5 Minor amendments

(1) 15In section 224A of the Criminal Justice Act 2003 (life sentence for second listed
offence), at the end insert—

“(12) Where an offence is found to have been committed over a period of two
or more days, or at some time during a period of two or more days, it
must be taken for the purposes of subsections (1)(b) and (4)(a) to have
20been committed on the last of those days.”

(2) In section 232A of that Act (certificates of conviction), for “section 224A”
substitute “sections 224A and 226A”.

(3) In section 218A of the Armed Forces Act 2006 (life sentence for second listed
offence), at the end insert—

“(8) 25Where an offence is found to have been committed over a period of two
or more days, or at some time during a period of two or more days, it
must be taken for the purposes of subsections (1)(c) and (5)(a) to have
been committed on the last of those days.”

Other offenders of particular concern

6 30Sentence and Parole Board release for offenders of particular concern

(1) Part 1 of Schedule 1 contains—

(a) provision about the sentence to be imposed on certain offenders of
particular concern, and

(b) provision for such offenders to be released on licence following a Parole
35Board direction.

(2) That Schedule also contains—

(a) equivalent provision in respect of offenders convicted of service
offences (see Part 2),

(b) transitional and transitory provision (see Part 3), and

(c) 40consequential provision (see Part 4).

Release and recall of prisoners

7 Electronic monitoring following release on licence etc

(1) Part 3 of the Criminal Justice and Court Services Act 2000 (dealing with
offenders) is amended as follows.

(2) 5In section 62 (release on licence etc: conditions as to monitoring)—

(a) for subsection (2) substitute—

“(2) The conditions may include electronic monitoring conditions.

(2A) An electronic monitoring condition imposed under this section
must include provision for making a person responsible for the
10monitoring.

(2B) A person may not be made responsible for the monitoring
unless the person is of a description specified in an order made
by the Secretary of State.”, and

(b) after subsection (5) insert—

“(5A) 15In this section “electronic monitoring condition” means a
condition requiring the person to submit to either or both of the
following—

(a) electronic monitoring of the person’s compliance with
another condition of release, and

(b) 20electronic monitoring of the person’s whereabouts
(other than for the purpose of monitoring compliance
with another condition of release).”

(3) After section 62 insert—

“62A Release on licence etc: compulsory electronic monitoring conditions

(1) 25The Secretary of State may by order provide that the power under
section 62 to impose an electronic monitoring condition must be
exercised.

(2) An order under this section may—

(a) require an electronic monitoring condition to be included for so
30long as the person’s release is required to be, or may be, subject
to conditions or for a shorter period;

(b) make provision generally or in relation to a case described in the
order.

(3) An order under this section may, in particular—

(a) 35make provision in relation to cases in which compliance with a
condition imposed on a person’s release is monitored by a
person specified or described in the order;

(b) make provision in relation to persons selected on the basis of
criteria specified in the order or on a sampling basis;

(c) 40make provision by reference to whether a person specified in
the order is satisfied of a matter.

(4) An order under this section may not make provision about a case in
which the sentence imposed on the person is—

(a) a detention and training order,

(b) a sentence of detention under section 91 of the Powers of
Criminal Courts (Sentencing) Act 2000 (detention of offenders
under 18 convicted of certain offences),

(c) a sentence of detention under section 209 of the Armed Forces
5Act 2006 (detention of offenders under 18 convicted of certain
offences), or

(d) an order under section 211 of that Act.

(5) In this section, “electronic monitoring condition” has the same meaning
as in section 62.

62B 10Data from electronic monitoring: code of practice

(1) The Secretary of State must issue a code of practice relating to the
processing of data gathered in the course of monitoring persons under
electronic monitoring conditions imposed under section 62.

(2) A failure to observe a code issued under this section does not of itself
15make a person liable to any criminal or civil proceedings.”

(4) Schedule 2 to this Act contains consequential provision.

(5) The amendments made by this section and Schedule 2 apply in relation to a
person who is released from prison on or after the day on which they come into
force.

8 20Test for release after recall: determinate sentences

(1) Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release etc of fixed-term
prisoners) is amended as follows.

(2) In section 255A (suitability for automatic release after recall), after
subsection (4) insert—

“(4A) 25But a person is not suitable for automatic release if—

(a) it appears to the Secretary of State that the person is highly
likely to breach a condition included in the person’s licence if
released at the end of the automatic release period, and

(b) for that reason, the Secretary of State considers that it would not
30be appropriate to release the person at the end of that period.”

(3) In section 255B (automatic release)—

(a) in subsection (2), at the end insert “(but see subsections (3) and (3A))”,

(b) after subsection (3), insert—

“(3A) The Secretary of State must not release P under subsection (2)
35if—

(a) it appears to the Secretary of State that, if released, P is
highly likely to breach a condition included in P’s
licence, and

(b) for that reason, the Secretary of State considers that it is
40not appropriate to release P under that subsection.”,

(c) in subsection (4), for “that period” substitute “the period mentioned in
subsection (1)(b)”,

(d) after subsection (4) insert—

“(4A) On a reference under subsection (4), the Board must determine
the reference by—

(a) directing P’s immediate release on licence under this
5Chapter,

(b) directing P’s release on licence under this Chapter as
soon as conditions specified in the direction are met, or

(c) giving no direction as to P’s release,

(but see subsections (4B) and (4C)).

(4B) 10The Board must not give a direction under subsection (4A)(a) or
(b) unless the Board 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 mentioned in subsection (1)(b).

(4C) The Board must not give a direction under subsection (4A)(a) or
15(b) if—

(a) it appears to the Board that, if released, P is highly likely
to breach a condition included in P’s licence, and

(b) for that reason, the Board considers that it is not
appropriate to give the direction.”, and

(e) 20for subsection (5) substitute—

“(5) The Secretary of State must give effect to any direction under
subsection (4A)(a) or (b).”

(4) In section 255C (extended sentence prisoners and those not suitable for
automatic release)—

(a) 25in subsection (2), at the end insert “(but see subsections (3) and (3A))”,

(b) after subsection (3), insert—

“(3A) The Secretary of State must not release P under subsection (2)
if—

(a) it appears to the Secretary of State that, if released, P is
30highly likely to breach a condition included in P’s
licence, and

(b) for that reason, the Secretary of State considers that it is
not appropriate to release P under that subsection.”,

(c) after subsection (4) insert—

“(4A) 35On a reference under subsection (4), the Board must determine
the reference by—

(a) directing P’s immediate release on licence under this
Chapter,

(b) directing P’s release on licence under this Chapter as
40soon as conditions specified in the direction are met, or

(c) giving no direction as to P’s release,

(but see subsections (4B) and (4C)).

(4B) The Board must not give a direction under subsection (4A)(a) or
(b) unless the Board is satisfied that it is not necessary for the
45protection of the public that P should remain in prison.

(4C) The Board must not give a direction under subsection (4A)(a) or
(b) if—

(a) it appears to the Board that, if released, P is highly likely
to breach a condition included in P’s licence, and

(b) 5for that reason, the Board considers that it is not
appropriate to give the direction.”, and

(d) for subsection (5) substitute—

“(5) The Secretary of State must give effect to any direction under
subsection (4A)(a) or (b).”

(5) 10Omit section 256 (powers of Board where it does not direct immediate release).

(6) In section 256A (further review)—

(a) for subsection (1) substitute—

“(1) Where a case has been referred to the Board under section
255C(4) or this section and the person has not been released, the
15Secretary of State must refer the person’s case back to the Board
no later than the review date.

(1A) In the case of a person serving one sentence of imprisonment,
“the review date” is the first anniversary of the determination
by the Board on the reference mentioned in subsection (1).

(1B) 20In the case of a person serving more than one sentence of
imprisonment, “the review date” is—

(a) the first anniversary of the determination by the Board
on the reference mentioned in subsection (1), or

(b) if later, the day on which the person has served—

(i) 25the requisite custodial period, and

(ii) if the sentences include a life sentence, the
minimum term.”,

(b) in subsection (2), for “that anniversary” substitute “the review date”,

(c) in subsection (4), for paragraph (b) substitute—

“(b) 30directing the person’s release on licence under this
Chapter as soon as conditions specified in the direction
are met,”,

(d) at the end of subsection (4) insert—

“(but see subsections (4A) and (4B)).”,

(e) 35after subsection (4) insert—

“(4A) The Board must not give a direction under subsection (4)(a) or
(b) unless the Board is satisfied that it is not necessary for the
protection of the public that the person should remain in prison.

(4B) The Board must not give a direction under subsection (4)(a) or
40(b) if—

(a) it appears to the Board that, if released, the person is
highly likely to breach a condition included in the
person’s licence, and

(b) for that reason, the Board considers that it is not
45appropriate to give the direction.”, and