PART 1 continued
Criminal Justice and Courts BillPage 10
(b)
for that reason, the recall adjudicator considers that it is
not appropriate to give the direction.”, and
(e) for subsection (5) substitute—
“(5)
The Secretary of State must give effect to any direction under
5subsection (4A)(a) or (b).”
(5) Omit 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 a recall adjudicator under
10section 255C(4) or this section and the person has not been
released, the Secretary of State must refer the person’s case back
to a recall adjudicator 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
15by the recall adjudicator on the reference mentioned in
subsection (1).
(1B)
In 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 recall
20adjudicator on the reference mentioned in subsection
(1), or
(b) if later, the day on which the person has served—
(i) the requisite custodial period, and
(ii)
if the sentences include a life sentence, the
25minimum term.”,
(b) in subsection (2)—
(i) for “that anniversary” substitute “the review date”, and
(ii) for “the Board” substitute “a recall adjudicator”,
(c) in subsection (3), for “The Board” substitute “A recall adjudicator”,
(d) 30in subsection (4)—
(i) for “Board” substitute “recall adjudicator”, and
(ii) for paragraph (b) substitute—
“(b)
directing the person’s release on licence under this
Chapter as soon as conditions specified in the direction
35are met,”,
(e) at the end of subsection (4) insert—
“(but see subsections (4A) and (4B)).”,
(f) after subsection (4) insert—
“(4A)
The recall adjudicator must not give a direction under
40subsection (4)(a) or (b) unless satisfied that it is not necessary for
the protection of the public that the person should remain in
prison.
(4B)
The recall adjudicator must not give a direction under
subsection (4)(a) or (b) if—
(a)
45it appears to the recall adjudicator that, if released, the
person is highly likely to breach a condition included in
the person’s licence, and
Criminal Justice and Courts BillPage 11
(b)
for that reason, the recall adjudicator considers that it is
not appropriate to give the direction.”, and
(g) for subsection (5) substitute—
“(5)
The Secretary of State must give effect to any direction under
5subsection (4)(a) or (b).
(6) In subsection (1B)(b)—
“life sentence” means a sentence mentioned in section 34(2)
of the Crime (Sentences) Act 1997, and
“the minimum term” means the part of the sentence
10specified in the minimum term order (as defined by
section 28 of that Act).”
(7)
In Schedule 20A (application of Chapter 6 of Part 12 to pre 4 April 2005 cases),
omit paragraph 6(5) (certain determinations to be treated as determinations
under section 256(1) of the Criminal Justice Act 2003).
(8)
15The amendments made by this section apply to a person recalled before the
day on which they come into force as well as to a person recalled on or after
that day.
(1)
In Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release etc of fixed-term
20prisoners), after section 256A insert—
(1) The Secretary of State may by order change—
(a)
the test to be applied by the Secretary of State in deciding under
section 255A whether a person is suitable for automatic release;
(b)
25the tests to be applied by the Secretary of State in deciding
whether to release a person under section 255B(2) or 255C(2);
(c)
the tests to be applied by the recall adjudicator in deciding how
to determine a reference under section 255B(4), 255C(4) or
256A(1) or (2).
(2) 30An order under subsection (1) may, in particular—
(a)
apply to people recalled before the day on which it comes into
force as well as to people recalled on or after that day;
(b) amend this Chapter.”
(2)
In section 330(5)(a) of that Act (orders subject to affirmative procedure) at the
35appropriate place insert—
“section 256AZA,”.
(1)
In section 28(7)(c) of the Crime (Sentences) Act 1997 (duty to release certain life
prisoners), for “one-half of that sentence” substitute “the requisite custodial
40period (as defined in section 268 of the Criminal Justice Act 2003)”.
(2) In section 32 of the Crime (Sentences) Act 1997 (recall of life prisoners while on
Criminal Justice and Courts BillPage 12
licence), after subsection (5) insert—
“(5A)
The Board must not give a direction unless satisfied that it is no longer
necessary for the protection of the public that the life prisoner should
remain in prison.”
(3)
5In section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act
2012 (power to change test for release on licence of certain prisoners), in
subsection (3), after paragraph (a) insert—
“(aa)
amend section 32 of the Crime (Sentences) Act 1997 (recall of
IPP prisoners and others while on licence and further release),”.
(4)
10The amendment made by subsection (1) applies to a person sentenced before
the day on which it comes into force as well as to a person sentenced on or after
that day.
(5)
The amendment made by subsection (2) applies in relation to a person recalled
before the day on which it comes into force as well as in relation to a person
15recalled on or after that day.
(1)
After section 32 of the Crime (Sentences) Act 1997 (recall of life prisoners)
insert—
(1)
20A person recalled to prison under section 32 commits an offence if the
person—
(a) has been notified of the recall orally or in writing, and
(b)
while unlawfully at large fails, without reasonable excuse, to
take all necessary steps to return to prison as soon as possible.
(2)
25A person is to be treated for the purposes of subsection (1)(a) as having
been notified of the recall if—
(a)
written notice of the recall has been delivered to an appropriate
address, and
(b) a period specified in the notice has elapsed.
(3) 30In subsection (2) “an appropriate address” means—
(a)
an address at which, under the person’s licence, the person is
permitted to reside or stay, or
(b)
an address nominated, in accordance with the person’s licence,
for the purposes of this section.
(4)
35A person is also to be treated for the purposes of subsection (1)(a) as
having been notified of the recall if—
(a)
the person’s licence requires the person to keep in touch in
accordance with any instructions given by an officer of a
provider of probation services,
(b) 40the person has failed to comply with such an instruction, and
(c)
the person has not complied with such an instruction for at least
6 months.
(5) A person who is guilty of an offence under this section is liable—
Criminal Justice and Courts BillPage 13
(a)
on conviction on indictment to imprisonment for a term not
exceeding 2 years or a fine (or both);
(b)
on summary conviction to imprisonment for a term not
exceeding 12 months or a fine (or both).
(6)
5In relation to an offence committed before section 154(1) of the Criminal
Justice Act 2003 comes into force, the reference in subsection (5)(b) to 12
months is to be read as a reference to 6 months.
(7)
In relation to an offence committed before section 85 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 comes into force, the
10reference in subsection (5)(b) to a fine is to be read as a reference to a
fine not exceeding the statutory maximum.”
(2) After section 255 of the Criminal Justice Act 2003 (recall of prisoners) insert—
(1)
A person recalled to prison under section 254 or 255 commits an offence
15if the person—
(a) has been notified of the recall orally or in writing, and
(b)
while unlawfully at large fails, without reasonable excuse, to
take all necessary steps to return to prison as soon as possible.
(2)
A person is to be treated for the purposes of subsection (1)(a) as having
20been notified of the recall if—
(a)
written notice of the recall has been delivered to an appropriate
address, and
(b) a period specified in the notice has elapsed.
(3) In subsection (2) “an appropriate address” means—
(a)
25an address at which, under the person’s licence, the person is
permitted to reside or stay, or
(b)
an address nominated, in accordance with the person’s licence,
for the purposes of this section.
(4)
A person is also to be treated for the purposes of subsection (1)(a) as
30having been notified of the recall if—
(a)
the person’s licence requires the person to keep in touch in
accordance with any instructions given by an officer of a
provider of probation services,
(b) the person has failed to comply with such an instruction, and
(c)
35the person has not complied with such an instruction for at least
6 months.
(5) A person who is guilty of an offence under this section is liable—
(a)
on conviction on indictment to imprisonment for a term not
exceeding 2 years or a fine (or both);
(b)
40on summary conviction to imprisonment for a term not
exceeding 12 months or a fine (or both).
(6)
In relation to an offence committed before section 154(1) comes into
force, the reference in subsection (5)(b) to 12 months is to be read as a
reference to 6 months.
(7)
45In relation to an offence committed before section 85 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 comes into force, the
Criminal Justice and Courts BillPage 14
reference in subsection (5)(b) to a fine is to be read as a reference to a
fine not exceeding the statutory maximum.”
(3)
Section 32ZA of the Crime (Sentences) Act 1997 and section 255ZA of the
Criminal Justice Act 2003 apply in relation to a person recalled to prison before
5or after this section comes into force.
(1)
Section 1 of the Prisoners (Return to Custody) Act 1995 (remaining at large
after temporary release) is amended as follows.
(2) For subsection (3) substitute—
“(3) 10A person guilty of an offence under this section is liable—
(a)
on conviction on indictment to imprisonment for a term not
exceeding 2 years or a fine (or both), and
(b)
on summary conviction to imprisonment for a term not
exceeding 12 months or a fine (or both).”
(3) 15At the end insert—
“(7)
In relation to an offence committed before section 154(1) of the Criminal
Justice Act 2003 comes into force, the reference in subsection (3)(b) to 12
months is to be read as a reference to 6 months.
(8)
In relation to an offence committed before section 85 of the Legal Aid,
20Sentencing and Punishment of Offenders Act 2012 comes into force, the
reference in subsection (3)(b) to a fine is to be read as a reference to a
fine not exceeding the statutory maximum.”
(4)
The amendment made by subsection (2) does not apply where the period of
temporary release expired, or the order of recall was made, before this section
25comes into force.
(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 268 (interpretation of Chapter), after subsection (1) insert—
“(1A) 30In this Chapter, “the requisite custodial period” means—
(a)
in relation to a person serving an extended sentence imposed
under section 226A or 226B, the requisite custodial period for
the purposes of section 246A;
(b)
in relation to a person serving an extended sentence imposed
35under section 227 or 228, the requisite custodial period for the
purposes of section 247;
(c)
in relation to a person serving a sentence imposed under section
236A, the requisite custodial period for the purposes of section
244A;
(d)
40in relation to any other fixed-term prisoner, the requisite
custodial period for the purposes of section 243A or section 244
(as appropriate).”
Criminal Justice and Courts BillPage 15
(3)
In section 247 (release on licence of prisoner serving extended sentence under
section 227 or 228)—
(a)
in subsection (2)(a), for “one-half of the appropriate custodial term”
substitute “the requisite custodial period”, and
(b) 5for subsection (7) substitute—
“(7) In this section—
“the appropriate custodial term” means the period
determined by the court as the appropriate custodial
term under section 227 or 228;
10“the requisite custodial period” means—
in relation to a person serving one sentence, one-
half of the appropriate custodial term, and
in relation to a person serving two or more
concurrent or consecutive sentences, the period
15determined under sections 263(2) and 264(2).”
(4)
In section 260 (early removal of prisoners liable to removal from United
Kingdom), omit subsection (7).
(5)
In section 261 (re-entry into United Kingdom of offender removed from prison
early)—
(a) 20in subsection (5), omit paragraph (a),
(b) in subsection (5)(b)—
(i) omit “in any other case,” and
(ii) for “or 246A” substitute “, 246A or 247”, and
(c) in subsection (6), omit the definition of “requisite custodial period”.
(6)
25In Schedule 20A (application of Chapter 6 of Part 12 to pre-4 April 2005
cases)—
(a) omit paragraph 8(2) (modification of section 260), and
(b) after paragraph 8 insert—
“8A
Section 268(1A) (definition of “the requisite custodial
30period”) has effect as if it provided that, in relation to a
person serving an extended sentence under section 85 of the
Sentencing Act, the requisite custodial period means one-half
of the custodial term determined under that section (subject
to sections 263 and 264).”
(7)
35The amendments made by this section apply in relation to a person sentenced
before the day on which they come into force as well as in relation to a person
sentenced on or after that day.
(1)
In section 82A(3) of the Powers of Criminal Courts (Sentencing) Act 2000
40(determination of tariffs for life sentences), for paragraph (b) substitute—
“(b)
the effect that the following would have if the court had
sentenced the offender to a term of imprisonment—
(i)
section 240ZA of the Criminal Justice Act 2003 (crediting
periods of remand in custody);
(ii)
45section 246 of the Armed Forces Act 2006 (equivalent
provision for service courts);
Criminal Justice and Courts BillPage 16
(iii)
any direction which the court would have given under
section 240A of the Criminal Justice Act 2003 (crediting
periods of remand on bail subject to certain types of
condition);”.
(2)
5In section 97 of the Powers of Criminal Courts (Sentencing) Act 2000 (term of
detention in a young offender institution)—
(a) in subsection (2), omit “Subject to subsection (3) below,” and
(b)
omit subsection (3) (power to pass sentence of less than 21 days for
offence under section 65(6) of the Criminal Justice Act 1991).
(3)
10In section 106(4) of the Powers of Criminal Courts (Sentencing) Act 2000
(persons subject concurrently to detention and training order and sentence of
detention in young offender institution), for “Part II of the Criminal Justice Act
1991 (early release)” substitute “Chapter 6 of Part 12 of the Criminal Justice Act
2003 (release, licences, supervision and recall)”.
(4)
15In section 246(4) of the Criminal Justice Act 2003 (cases in which power to
release before required to do so is not available), after paragraph (g) insert—
“(ga)
the prisoner has at any time been released on licence under
section 34A of the Criminal Justice Act 1991 and has been
recalled to prison under section 38A(1)(a) of that Act (and the
20revocation of the licence has not been cancelled under section
38A(3) of that Act);”.
(5)
In section 250 of the Criminal Justice Act 2003 (licence conditions), for
subsection (5A) substitute—
“(5A)
Subsection (5B) applies to a licence granted, either on initial release or
25after recall to prison, to 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).
(5B) The Secretary of State must not—
(a)
30include a condition referred to in subsection (4)(b)(ii) in the
licence, either on release or subsequently, or
(b) vary or cancel any such condition included in the licence,
unless the Board directs the Secretary of State to do so.”
(6)
In section 260(2B) of the Criminal Justice Act 2003 (early removal from prison
35of extended sentence prisoners liable to removal from United Kingdom), for
“section 246A” substitute “this Chapter”.
(7)
In Schedule 20A to the Criminal Justice Act 2003 (application of Chapter 6 of
Part 12 to pre-4 April 2005 cases), in paragraph 4 (modification of section 246:
power to release before required to do so)—
(a) 40number the existing text as sub-paragraph (1),
(b)
in that sub-paragraph, for “Section 246 applies as if, in subsection (4)”
substitute “Section 246(4) applies as if—”,
(c) in that sub-paragraph, omit paragraph (c), and
(d) after that sub-paragraph insert—
“(2)
45Section 246(6) applies as if, in the definition of “term of
imprisonment”, the reference to section 227 or 228 included a
reference to section 85 of the Sentencing Act.”
Criminal Justice and Courts BillPage 17
(8)
In Schedule 20B to the Criminal Justice Act 2003 (modifications of Chapter 6 of
Part 12 in certain transitional cases), omit paragraph 3(2)(a) (application of Part
2 of the Schedule to an extended sentence under section 85 of the Powers of
Criminal Courts (Sentencing) Act 2000).
(9)
5In paragraph 34 of that Schedule (licence conditions in certain transitional
cases)—
(a)
in sub-paragraph (1), at the end insert “and which was granted to a
person serving—
“(a) a 1967 Act sentence,
(b) 10a 1991 Act sentence, or
(c)
a 2003 Act sentence which is an extended sentence
imposed under section 227 or 228 before 14 July
2008.”, and
(b)
in sub-paragraph (6)(a), after “condition” insert “referred to in section
15250(4)(b)(ii)”.
(10)
The amendments made by subsections (1), (3) and (4) apply in relation to a
person sentenced before the day on which they come into force as well as in
relation to a person sentenced on or after that day.
(1) The Prison Act 1952 is amended as follows.
(2) In section 16A (testing prisoners for drugs), in subsection (3)—
(a) at the end of the definition of “drug” insert “or specified drug”,
(b) omit the “and” that follows the definition of “prison officer”, and
(c) 25at the appropriate place insert—
““specified drug” means any substance or product
specified in prison rules for the purposes of this section.”
(3)
In section 47 (rules for the management of prisons etc), after subsection (3)
insert—
“(3A)
30Rules made under this section may specify any substance or product
(which is not a controlled drug for the purposes of the Misuse of Drugs
Act 1971) in relation to which a person may be required to provide a
sample for the purposes of section 16A of this Act.”
(1)
This section applies where, in England and Wales, a person aged 18 or over
admits that he or she has committed an offence.
(2)
If the offence is an indictable-only offence, a constable may not give the person
a caution except—
(a) 40in exceptional circumstances relating to the person or the offence, and
(b) with the consent of the Director of Public Prosecutions.
Criminal Justice and Courts BillPage 18
(3)
If the offence is an either-way offence specified by order made by the Secretary
of State, a constable may not give the person a caution except in exceptional
circumstances relating to the person or the offence.
(4) If—
(a)
5the offence is a summary offence or an either-way offence not specified
under subsection (3), and
(b)
in the two years before the commission of the offence the person has
been convicted of, or cautioned for, a similar offence,
a constable may not give the person a caution except in exceptional
10circumstances relating to the person, the offence admitted or the previous
offence.
(5)
It is for a police officer not below a rank specified by order made by the
Secretary of State to determine—
(a)
whether there are exceptional circumstances for the purposes of
15subsection (2), (3) or (4), and
(b)
whether a previous offence is similar to the offence admitted for the
purposes of subsection (4)(b).
(6)
A determination under subsection (5) must be made in accordance with
guidance issued by the Secretary of State.
(7)
20The Secretary of State may by order amend this section so as to provide for a
different period for the purposes of subsection (4)(b).
(8) For the purposes of this section—
(a)
“caution” does not include a conditional caution under Part 3 of the
Criminal Justice Act 2003, but
(b)
25a person has been “cautioned for” an offence if he or she has been given
a caution, a conditional caution or a youth caution or youth conditional
caution under Chapter 1 of Part 4 of the Crime and Disorder Act 1998.
(9) In this section—
“either-way offence” means an offence triable either way;
30“indictable-only offence” means an offence which, if committed by an
adult, is triable only on indictment.
(10)
This section applies whether the offence admitted was committed before or
after the time when this section comes into force.
(1)
35An order under section 17 may make different provision for different
purposes.
(2) An order under section 17 must be made by statutory instrument.
(3)
A statutory instrument containing an order under section 17(3) (specification
of either-way offences) is subject to annulment in pursuance of a resolution of
40either House of Parliament.
(4)
An order under section 17(7) (change to period in section 17(4)(b)) may not be
made unless a draft of the instrument containing the order has been laid before,
and approved by a resolution of, each House of Parliament.
Criminal Justice and Courts BillPage 19
(5)
In section 37B of the Police and Criminal Evidence Act 1984 (consultation with
the Director of Public Prosecutions), in subsection (7), after “such a caution”
insert “(whether because of section 17 of the Criminal Justice and Courts Act
2014 or for any other reason)”.
In Schedule 3 to the Rehabilitation of Offenders Act 1974 (protection for spent
alternatives to prosecution: Scotland), at the end insert—
“9 (1) The powers conferred on the Scottish Ministers by—
(a) paragraph 6, and
(b) 10section 7(4), as applied by paragraph 8,
may be exercised to make provision relating to reserved matters and
are not subject to the restrictions imposed by section 29(2)(b) or (c) of,
or Schedule 4 to, the Scotland Act 1998.
(2)
In this paragraph, “reserved matters” has the same meaning as in the
15Scotland Act 1998.”
(1)
It is an offence for an individual who has the care of another individual by
virtue of being a care worker to ill-treat or wilfully to neglect that individual.
(2) 20An individual guilty of an offence under this section is liable—
(a)
on conviction on indictment, to imprisonment for a term not exceeding
5 years or a fine (or both);
(b)
on summary conviction, to imprisonment for a term not exceeding 12
months or a fine (or both).
(3) 25“Care worker” means an individual who, as paid work, provides—
(a) health care for an adult or child, other than excluded health care, or
(b) social care for an adult,
including an individual who, as paid work, supervises or manages individuals
providing such care or is a director or similar officer of an organisation which
30provides such care.
(4)
An individual does something as “paid work” if he or she receives or is entitled
to payment for doing it other than—
(a) payment in respect of the individual’s reasonable expenses,
(b) payment to which the individual is entitled as a foster parent,
(c) 35a benefit under social security legislation, or
(d)
a payment made under arrangements under section 2 of the
Employment and Training Act 1973 (arrangements to assist people to
select, train for, obtain and retain employment).
(5) “Health care” includes—
(a)
40all forms of health care provided for individuals, including health care
relating to physical health or mental health and health care provided
for or in connection with the protection or improvement of public
health, and