(7) An order under this section bringing into force section 16 may appoint
different days for different areas.

95 Extent

(1) An amendment or repeal made by this Act has the same extent as the provision
5amended or repealed (ignoring extent by virtue of an Order in Council), subject
to subsections (2) to (4).

(2) An amendment or repeal of a provision of the Armed Forces Act 2006 extends
to England and Wales, Scotland and Northern Ireland.

(3) An amendment or repeal of any other provision, so far as it is applied by the
10Armed Forces Act 2006, extends to England and Wales, Scotland and Northern
Ireland (and section 385 of that Act does not apply in relation to the
amendment or repeal).

(4) Section 78(9) and paragraph 1 of Schedule 15 extend to England and Wales
only.

(5) 15A provision of this Act, other than an amendment or repeal, extends to
England and Wales, Scotland and Northern Ireland, subject to subsection (6).

(6) The following provisions extend to England and Wales only—

(a) sections 17 and 18(1) to (4);

(b) sections 20 to 25;

(c) 20sections 33 to 35;

(d) sections 56 to 60;

(e) sections 85 to 89;

(f) Schedule 4;

(g) Schedule 8;

(h) 25Parts 1 to 4 of Schedule 10.

96 Channel Islands, Isle of Man and British overseas territories

(1) The power conferred by paragraph 19 of Schedule 1 to the Crime (Sentences)
Act 1997 (power to extend to Isle of Man) is exercisable in relation to any
amendment of that Schedule that is made by or under this Act.

(2) 30The power conferred by section 9(3) of the Special Immigration Appeals
Commission Act 1997 (power to extend to Channel Islands and Isle of Man) is
exercisable in relation to any amendment of that Act that is made by or under
this Act.

(3) The power conferred by section 338 of the Criminal Justice Act 2003 (power to
35extend to Channel Islands etc) is exercisable in relation to any amendment of
that Act that is made by or under this Act.

(4) The power conferred by section 39(6) of the Terrorism Act 2006 (power to
extend to Channel Islands and Isle of Man) is exercisable in relation to any
amendment of that Act that is made by or under this Act.

(5) 40Her Majesty may by Order in Council provide for an armed forces provision to
extend, with or without modifications, to—

(a) any of the Channel Islands,

(b) the Isle of Man, or

(c) any of the British overseas territories.

(6) “Armed forces provision” means—

(a) an amendment or repeal made by or under this Act of a provision of the
Armed Forces Act 2006;

(b) 5an amendment or repeal made by or under this Act of any other
provision, so far as the provision is applied by the Armed Forces Act
2006.

97 Short title

This Act may be cited as the Criminal Justice and Courts Act 2014.

SCHEDULES

Section 6

SCHEDULE 1 Sentence and Parole Board release for offenders of particular concern

Part 1 5Sentence and release

Introduction

1 The Criminal Justice Act 2003 is amended as follows.

Sentence

2 After Chapter 5 of Part 12 (sentencing) insert—

“Chapter 5A

Other offenders of particular concern

236A 10Special custodial sentence for certain offenders of particular concern

(1) Subsection (2) applies where—

(a) a person is convicted of an offence listed in Schedule 18A
(whether the offence was committed before or after this
section comes into force),

(b) 15the person was aged 18 or over when the offence was
committed, and

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

(i) a sentence of imprisonment for life, or

(ii) 20an extended sentence under section 226A.

(2) If the court imposes a sentence of imprisonment for the offence, the
term of the sentence must be equal to the aggregate of—

(a) the appropriate custodial term, and

(b) a further period of 1 year for which the offender is to be
25subject to a licence.

(3) The “appropriate custodial term” is the term that, in the opinion of
the court, ensures that the sentence is appropriate.

(4) The term of a sentence of imprisonment imposed under this section
for an offence must not exceed the term that, at the time the offence
30was committed, was the maximum term permitted for the offence.

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

(6) The Secretary of State may by order amend Schedule 18A by—

(a) 5adding offences, or

(b) varying or omitting offences listed in the Schedule.

(7) An order under subsection (6) may, in particular, make provision
that applies in relation to the sentencing of a person for an offence
committed before the provision comes into force.”

3 10In section 330(5)(a) (orders subject to affirmative procedure), at the
appropriate place insert—

“(none) section 236A(6),”.

Offences of particular concern

4 After Schedule 18 insert—

Section 236A

“Schedule 18A 15Sentence under section 236A: offences

Terrorism offences

1 An offence under section 4 of the Offences against the Person Act
1861 (soliciting murder) that has a terrorist connection.

2 An offence under section 28 of that Act (causing bodily injury by
20explosives) that has a terrorist connection.

3 An offence under section 29 of that Act (using explosives etc with
intent to do grievous bodily harm) that has a terrorist connection.

4 An offence under section 2 of the Explosive Substances Act 1883
(causing explosion likely to endanger life or property) that has a
25terrorist connection.

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

6 An offence under section 4 of that Act (making or possession of
30explosive under suspicious circumstances) that has a terrorist
connection.

7 An offence under section 54 of the Terrorism Act 2000 (weapons
training).

8 An offence under section 56 of that Act (directing terrorist
35organisation).

9 An offence under section 57 of that Act (possession of article for
terrorist purposes).

10 An offence under section 59 of that Act (inciting terrorism
overseas).

11 An offence under section 47 of the Anti-terrorism, Crime and
Security Act 2001 (use etc of nuclear weapons).

12 An offence under section 50 of that Act (assisting or inducing
certain weapons-related acts overseas).

13 5An offence under section 113 of that Act (use of noxious substance
or thing to cause harm or intimidate).

14 An offence under section 5 of the Terrorism Act 2006 (preparation
of terrorist acts).

15 An offence under section 6 of that Act (training for terrorism).

16 10An offence under section 9 of that Act (making or possession of
radioactive device or material).

17 An offence under section 10 of that Act (use of radioactive device
or material for terrorist purposes etc).

18 An offence under section 11 of that Act (terrorist threats relating to
15radioactive devices etc).

Sexual offences

19 An offence under section 5 of the Sexual Offences Act 2003 (rape
of a child under 13).

20 An offence under section 6 of that Act (assault of a child under 13
20by penetration).

Accessories and inchoate offences

21 (1) Aiding, abetting, counselling or procuring the commission of an
offence specified in the preceding paragraphs of this Schedule (a
“relevant offence”).

(2) 25An attempt to commit a relevant offence.

(3) Conspiracy to commit a relevant offence.

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

22 30An offence in the following list that has a terrorist connection—

(a) an attempt to commit murder,

(b) conspiracy to commit murder, and

(c) an offence under Part 2 of the Serious Crime Act 2007 in
relation to which murder is the offence (or one of the
35offences) which the person intended or believed would be
committed.

Abolished offences

23 An offence that—

(a) was abolished before the coming into force of section 236A,
40and

(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;”.

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
the British Islands) is amended as follows.

(2) 35In 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;”.

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

14 The Criminal Justice Act 2003 is amended as follows.

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

(2) 15In 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) references to a sentence under section 236A of this Act
20include 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
“or 228” substitute “, 228 or 236A”.

17 (1) 25Section 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) In subsection (5A) (inserted by section 15 of this Act)—

(a) 30for “to a prisoner” substitute “to—

(a) a prisoner”, and

(b) at the end insert “, or

a prisoner serving a sentence imposed under section
236A.”

18 35In 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) 40Section 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 (5), after “244” insert “, 244A”.

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

22 5In 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) In this section “custodial period” means—

(a) in relation to an extended sentence imposed under section
10226A 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
227 or 228, one-half of the appropriate custodial term
determined by the court under that section,

(c) 15in relation to a sentence imposed under section 236A, one-
half of the appropriate custodial term determined by the
court under that section, and

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

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

24 20In 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) Section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act
2012 (power to change test for release on licence of certain prisoners) is
25amended as follows.

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

“(ba) a section 236A prisoner,”.

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

“(ab) amend section 244A of the Criminal Justice Act 2003 (release
30on licence of section 236A prisoners),”.

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

• ““section 236A prisoner” means a prisoner who is serving a
  sentence under section 236A of the Criminal Justice Act 2003
  (including one imposed as a result of section 224A of the
  35Armed 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