Criminal Justice and Courts Bill (HL Bill 49)

licences), 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) 5in accordance with recommendations of the Parole Board, or

(b) where 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) 10Section 62 of the Criminal Justice and Court Services Act 2000 (release on
licence 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”.

15Criminal Justice Act 2003 (c. 44)Criminal Justice Act 2003 (c. 44)

3 The 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
20by an order under section 62A of the Criminal Justice and
Court 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) 25In subsection (1), for “requirements for securing the” substitute “a
requirement, 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
30serving less than 12 months: requirements that may be imposed), in
paragraphs (a) and (b), for “for securing the” substitute “to submit to”.

Section 8

SCHEDULE 3 Recall adjudicators: further provision

Mental Health Act 1983 (c. 20)Mental Health Act 1983 (c. 20)

1 35The Mental Health Act 1983 is amended as follows.

2 In section 50(3)(a) (further provisions as to prisoners under sentence:
disregarding Parole Board powers when identifying release date), after

“Board” insert “or a recall adjudicator (as defined in section 239A of the
Criminal Justice Act 2003)”.

3 (1) Section 74 (restricted patients subject to restriction directions) is amended as
follows.

(2) 5In subsection (5A)(a) and (b), after “Board” (in each place) insert “or a recall
adjudicator”.

(3) At the end insert—

“(8) In this section “recall adjudicator” has the meaning given in section
239A of the Criminal Justice Act 2003.”

10Criminal Justice Act 2003 (c. 44)Criminal Justice Act 2003 (c. 44)

4 The Criminal Justice Act 2003 is amended as follows.

5 Before section 239 insert—

“Parole Board and recall adjudicators”.”

6 In section 239(1)(b) (functions of the Parole Board), after “by” insert “or
under”.

7 (1) 15Section 250 (licence conditions) is amended as follows.

(2) In subsection (5A) (inserted by section 15 of this Act), for “Subsection (5B)
applies to a licence granted, either on initial release or after recall to prison,”
substitute “Subsections (5B) and (5C) apply”.

(3) In subsection (5B) (inserted by section 15 of this Act), at the beginning insert
20“In the case of a licence granted when the prisoner is initially released,”.

(4) After that subsection insert—

“(5C) In the case of a licence granted when the prisoner is released after
recall to prison, the Secretary of State must not—

(a) include a condition referred to in subsection (4)(b)(ii) in the
25licence, either on release or subsequently, or

(b) vary or cancel any such condition included in the licence,

unless a recall adjudicator directs the Secretary of State to do so.”

8 In section 260(2B) (early removal from prison of extended sentence prisoners
liable to removal from United Kingdom), after “Board” insert “or a recall
30adjudicator”.

9 In section 268 (interpretation of Chapter 6 of Part 12), at the appropriate
place insert—

• ““recall adjudicator” has the meaning given in section 239A.”

10 In paragraph 34 of Schedule 20B (licence conditions in certain transitional
35cases), for sub-paragraph (6) substitute—

“(6) In the case of a Parole Board licence granted when the prisoner is
initially released, the Secretary of State must not—

(a) include a condition referred to in section 250(4)(b)(ii) in the
licence, either on release or subsequently, or

(b) 40vary or cancel any such condition,

unless the Board directs the Secretary of State to do so.

(7) In the case of a Parole Board licence granted when the prisoner is
released after recall to prison, the Secretary of State must not—

(a) include a condition referred to in section 250(4)(b)(ii) in the
5licence, either on release or subsequently, or

(b) vary or cancel any such condition,

unless a recall adjudicator directs the Secretary of State to do so.”

11 In paragraph 37(2) of that Schedule (early removal from prison of prisoners
liable to removal from United Kingdom in certain transitional cases)—

(a) 10after “Board” insert “or the recall adjudicator”, and

(b) for “paragraph 6, 15, 25 or 28” substitute “this Chapter”.

Domestic Violence, Crime and Victims Act 2004 (c. 28)Domestic Violence, Crime and Victims Act 2004 (c. 28)

12 In Schedule 9 to the Domestic Violence, Crime and Victims Act 2004
(authorities within the remit of the Commissioner for Victims and
15Witnesses), after paragraph 26 insert—

“26A A recall adjudicator (as defined in section 239A of the Criminal
Justice Act 2003).”

Offender Management Act 2007 (c. 21)Offender Management Act 2007 (c. 21)

13 The Offender Management Act is amended as follows.

14 20In section 3(7)(a) (arrangements for the provision of probation services: risk
of conflict of interests), for “or to the Parole Board for England and Wales”
substitute “, to the Parole Board for England and Wales or to a recall
adjudicator (as defined in section 239A of the Criminal Justice Act 2003)”.

15 In section 14(2) (disclosure of information for offender management
25purposes), after paragraph (d) insert—

“(da) a recall adjudicator (as defined in section 239A of the
Criminal Justice Act 2003);”.

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

16 In section 131(4)(d) of the Coroners and Justice Act 2009 (annual report of
30Sentencing Council for England and Wales: effect of factors not related to
sentencing), after “Board” insert “or a recall adjudicator (as defined in
section 239A of the Criminal Justice Act 2003)”.

Equality Act 2010 (c. 15)Equality Act 2010 (c. 15)

17 In Part 1 of the Schedule 19 to the Equality Act 2010 (public authorities:
35general), after the entry for the Parole Board for England and Wales insert—

• “A recall adjudicator (as defined in section 239A of the Criminal
  Justice Act 2003).”

Section 20

SCHEDULE 4 Ill-treatment or wilful neglect: excluded health care

Excluded health care

1 (1) For the purposes of section 20, “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 105

  (b)

  includes vocational, social, physical and recreational
  training;

• “health care” has the same meaning as in section 20;

• “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 5 Minimum sentence for repeat offences involving offensive weapons etc:
20consequential provision

Mental Health Act 1983 (c. 20)1983 (c. 20)

1 In section 37(1A) of the Mental Health Act 1983 (powers of courts to order
hospital admission or guardianship)—

(a) in paragraph (za), after “section” insert “1(2B) or”, and

(b) 25in paragraph (aa), after “section” insert “139(6B), 139A(5B) or”.

Criminal Justice Act 1988 (c. 33)1988 (c. 33)

2 In section 36(2)(b) of the Criminal Justice Act 1988 (reviews of sentencing)—

(a) in sub-paragraph (zi), after “section” insert “1(2B) or”, and

(b) in sub-paragraph (ia), after “section” insert “139(6B), 139A(5B) or”.

30Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)2000 (c. 6)

3 The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

4 (1) Section 12 (absolute and conditional discharge) is amended as follows.

(2) In subsection (1), for the words from “section 110(2)” to “2006” substitute “a
provision mentioned in subsection (1A)”.

(3) 35After that subsection insert—

“(1A) The provisions referred to in subsection (1) are—

(a) section 1(2B) or 1A(5) of the Prevention of Crime Act 1953;

(b) section 51A(2) of the Firearms Act 1968;

(c) section 139(6B), 139A(5B) or 139AA(7) of the Criminal Justice
40Act 1988;

(d) section 110(2) or 111(2) of this Act;

(e) section 224A, 225(2) or 226(2) of the Criminal Justice Act 2003;

(f) section 29(4) or (6) of the Violent Crime Reduction Act 2006.”

5 In section 100(1A) (offenders under 18: detention and training orders), for
5paragraphs (a) and (b) substitute—

“(a) section 1(2B) or 1A(5) of the Prevention of Crime Act 1953
(minimum sentence for certain offences involving offensive
weapons);

(b) section 139(6B), 139A(5B) or 139AA(7) of the Criminal Justice
10Act 1988 (minimum sentence for certain offences involving
article with blade or point or offensive weapon).”

6 (1) Section 130 (compensation orders against convicted persons) is amended as
follows.

(2) In subsection (2), for the words from “section 110(2)” to “2006” substitute “a
15provision mentioned in subsection (2ZA)”.

(3) After that subsection insert—

“(2ZA) The provisions referred to in subsection (2) are—

(a) section 1(2B) or 1A(5) of the Prevention of Crime Act 1953;

(b) section 51A(2) of the Firearms Act 1968;

(c) 20section 139(6B), 139A(5B) or 139AA(7) of the Criminal Justice
Act 1988;

(d) section 110(2) or 111(2) of this Act;

(e) section 224A, 225(2) or 226(2) of the Criminal Justice Act 2003;

(f) section 29(4) or (6) of the Violent Crime Reduction Act 2006.”

7 (1) 25Section 146 (driving disqualification for any offence) is amended as follows.

(2) In subsection (2), for the words from “section 110(2)” to “2006” substitute “a
provision mentioned in subsection (2A)”.

(3) After that subsection insert—

“(2A) The provisions referred to in subsection (2) are—

(a) 30section 1(2B) or 1A(5) of the Prevention of Crime Act 1953;

(b) section 51A(2) of the Firearms Act 1968;

(c) section 139(6B), 139A(5B) or 139AA(7) of the Criminal Justice
Act 1988;

(d) section 110(2) or 111(2) of this Act;

(e) 35section 224A, 225(2) or 226(2) of the Criminal Justice Act 2003;

(f) section 29(4) or (6) of the Violent Crime Reduction Act 2006.”

8 In section 164(3) (further interpretive provisions)—

(a) in paragraph (aa), after “section” insert “1(2B) or”, and

(b) in paragraph (ba), after “section” insert “139(6B), 139(5B) or”.

40Criminal Justice Act 2003 (c. 44)2003 (c. 44)

9 The Criminal Justice Act 2003 is amended as follows.

10 (1) Section 142 (purposes of sentencing: offenders aged 18 or over) is amended
as follows.

(2) In subsection (2)(c), for the words from “section 1A(5)” to “detention for life
for certain dangerous offenders)” substitute “a provision mentioned in
subsection (2A)”.

(3) After that subsection insert—

“(2AA) 5The provisions referred to in subsection (2)(c) are—

(a) section 1(2B) or 1A(5) of the Prevention of Crime Act 1953
(minimum sentence for certain offences involving offensive
weapons);

(b) section 51A(2) of the Firearms Act 1968 (minimum sentence
10for certain firearms offences);

(c) section 139(6B), 139A(5B) or 139AA(7) of the Criminal Justice
Act 1988 (minimum sentence for certain offences involving
article with blade or point or offensive weapon);

(d) section 110(2) or 111(2) of the Sentencing Act (minimum
15sentence for certain drug trafficking and burglary offences);

(e) section 224A of this Act (life sentence for second listed
offence for certain dangerous offenders);

(f) section 225(2) or 226(2) of this Act (imprisonment or
detention for life for certain dangerous offenders);

(g) 20section 29(4) or (6) of the Violent Crime Reduction Act 2006
(minimum sentence in certain cases of using someone to
mind a weapon).”

11 (1) Section 142A (purposes of sentencing: offenders under 18) is amended as
follows.

(2) 25In subsection (4), for paragraph (b) substitute—

“(b) to an offence the sentence for which falls to be imposed under
a provision mentioned in subsection (5), or”.

(3) At the end insert—

“(5) The provisions referred to in subsection (4)(b) are—

(a) 30section 1(2B) or 1A(5) of the Prevention of Crime Act 1953
(minimum sentence for certain offences involving offensive
weapons);

(b) section 51A(2) of the Firearms Act 1968 (minimum sentence
for certain firearms offences);

(c) 35section 139(6B), 139A(5B) or 139AA(7) of the Criminal Justice
Act 1988 (minimum sentence for certain offences involving
article with blade or point or offensive weapon);

(d) section 226(2) of this Act (detention for life for certain
dangerous offenders);

(e) 40section 29(6) of the Violent Crime Reduction Act 2006
(minimum sentence in certain cases of using someone to
mind a weapon).”

12 (1) Section 144 (reduction in sentences for early guilty pleas) is amended as
follows.

(2) 45In subsection (2), for the words from “an offence” to “nothing” substitute “an

offender who—

“(a) is convicted of an offence the sentence for which falls to be
imposed under a provision mentioned in subsection (3), and

(b) is aged 18 or over when convicted,

5nothing”.

(3) In subsection (3)—

(a) for “section 1A(6)(a)” substitute “section 1(2B) or 1A(5)”, and

(b) for “section 139AA(8)(a)” substitute “section 139(6B), 139A(5B) or
139AA(7)”.

(4) 10In subsection (4), for the words from “an offence” to “nothing” substitute “an
offender who—

“(a) is convicted of an offence the sentence for which falls to be
imposed under a provision mentioned in subsection (5), and

(b) is aged 16 or 17 when convicted,

15nothing”.

(5) In subsection (5)—

(a) for “section 1A(6)(b)” substitute “section 1(2B) or 1A(5)”, and

(b) for “section 139AA(8)(b)” substitute “section 139(6B), 139A(5B) or
139AA(7)”.

13 20In section 150(2) (community order not available where sentence fixed by
law etc), for paragraphs (a) and (b) substitute—

“(a) falls to be imposed under section 1(2B) or 1A(5) of the
Prevention of Crime Act 1953 (minimum sentence for certain
offences involving offensive weapons), or

(b) 25falls to be imposed under section 139(6B), 139A(5B) or
139AA(7) of the Criminal Justice Act 1988 (minimum
sentence for certain offences involving article with blade or
point or offensive weapon).”

14 (1) Section 152 (general restrictions on imposing discretionary custodial
30sentence) is amended as follows.

(2) In subsection (1)(b), for the words from “section 1A(5)” to the end substitute
“a provision mentioned in subsection (1A).”

(3) After that subsection insert—

“(1A) The provisions referred to in subsection (1)(b) are—

(a) 35section 1(2B) or 1A(5) of the Prevention of Crime Act 1953;

(b) section 51A(2) of the Firearms Act 1968;

(c) section 139(6B), 139A(5B) or 139AA(7) of the Criminal Justice
Act 1988;

(d) section 110(2) or 111(2) of the Sentencing Act;

(e) 40section 224A, 225(2) or 226(2) of this Act;

(f) section 29(4) or (6) of the Violent Crime Reduction Act 2006.”

15 (1) Section 153 (length of discretionary custodial sentences: general provision)
is amended as follows.

(2) In subsection (2), for the words from “section 1A(5)” to “this Act” substitute
45“the provisions listed in subsection (3)”.

(3) After that subsection insert—

“(3) The provisions referred to in subsection (2) are—

(a) sections 1(2B) and 1A(5) of the Prevention of Crime Act 1953;

(b) section 51A(2) of the Firearms Act 1968;

(c) 5sections 139(6B), 139A(5B) and 139AA(7) of the Criminal
Justice Act 1988;

(d) sections 110(2) and 111(2) of the Sentencing Act;

(e) sections 226A(4) and 226B(2) of this Act;

(f) section 29(4) or (6) of the Violent Crime Reduction Act 2006.”

16 (1) 10Section 305(4) (interpretation of Part 12) is amended as follows.

(2) In paragraph (za)—

(a) for “subsection (5) of section 1A” substitute “section 1(2B) or 1A(5)”,
and

(b) for “that subsection” substitute “that provision”.

(3) 15In paragraph (aa)—

(a) for “subsection (7) of section 139AA” substitute “section 139(6B),
139A(5B) or 139AA(7)”, and

(b) for “that subsection” substitute “that provision”.

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

17 (1) 20Section 125(6) of the Coroners and Justice Act 2009 (sentencing guidelines:
duty of court) is amended as follows.

(2) In paragraph (ea)—

(a) for “section” substitute “sections 1(2B) and”, and

(b) for “offence of threatening with offensive weapon in public”
25substitute “certain offences involving offensive weapons”.

(3) In paragraph (fa)—

(a) for “section” substitute “sections 139(6B), 139A(5B) and”, and

(b) for “offence of threatening with” substitute “certain offences
involving”.

Section 29

30SCHEDULE 6 Offences committed by disqualified drivers: further amendments

Road 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) 35Omit paragraph (b) (but not the “or” at the end).

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