Police, Crime, Sentencing and Courts Bill (HL Bill 40)

Part 7 continued    

insert—

“Sentence of detention during Her Majesty’s pleasure: review of minimum term

27A Sentence of detention during Her Majesty’s pleasure imposed on a
person under 18: application for minimum term review

(1)5This section applies to a person who—

(a)is serving a DHMP sentence, and

(b)was under the age of 18 when sentenced;

and such a person is referred to in this section as a “relevant young
offender”.

(2)10A relevant young offender may make an application for a minimum
term review to the Secretary of State after serving half of the minimum
term.

(3)An “application for a minimum term review” is an application made by
a relevant young offender for a reduction in the minimum term.

(4)15Where a relevant young offender has made an application for a
minimum term review under this section, the offender may only make
a further such application if—

(a)the period of 2 years beginning with the day on which the
previous application was determined has expired, and

(b)20the offender is under the age of 18 on the day on which the
further application is made.

(5)Where the Secretary of State receives an application under this section,
the Secretary of State must—

(a)consider the application, and

(b)25unless the Secretary of State forms the view that the application
is frivolous or vexatious, refer it to the High Court.

(6)Where the Secretary of State decides not to refer the application to the
High Court, the Secretary of State must give notice of that decision, and
the reasons for it, to the relevant young offender.

(7)30If the relevant young offender makes representations or provides
further evidence in support of the application before the end of the
period of 4 weeks beginning with the day on which the notice under
subsection (6) is given, the Secretary of State must consider the
representations or evidence and—

(a)35if the Secretary of State is no longer of the view mentioned in
subsection (5)(b), refer the application to the High Court, or

(b)give notice to the offender confirming the decision not to refer
the application.

(8)In this section—

• 40“DHMP sentence” means a sentence of detention during Her
  Majesty’s pleasure imposed (whether before or after this section
  comes into force) under a provision listed in column 1 of the
  table in subsection (9);

• “minimum term”, in relation to a person serving a DHMP
  45sentence, means the part of the sentence specified—

• (a)

  in the minimum term order made in respect of the
  sentence, or

  (b)

  where one or more reduction orders have been made
  under section 27B in respect of the sentence, in the most
  5recent of those orders;

• “minimum term order”, in relation to a DHMP sentence, means
  the order made under the provision listed in column 2 of the
  table in subsection (9) that corresponds to the entry in column 1
  that relates to the sentence.

(9)10The table is as follows—

(10)For the purposes of subsection (4), an application for a minimum term
review is determined—

(a)when the court makes a reduction order or a decision
25confirming the minimum term (see section 27B), or

(b)in a case where the application is not referred to the court, when
the Secretary of State gives the relevant young offender notice
in relation to the application under subsection (6).

(11)There is no right for any person who is serving a DHMP sentence to
30request a review of the minimum term other than that conferred by this
section.

27B Power of High Court to reduce minimum term

(1)This section applies where the Secretary of State refers an application
for a minimum term review made by a relevant young offender under
35section 27A to the High Court.

(2)The court may—

(a)make a reduction order in relation to relevant young offender,
or

(b)confirm the minimum term in respect of the offender’s DHMP
40sentence,

and a decision of the court under this subsection is final.

(3)A reduction order is an order that the relevant young offender’s
minimum term is to be reduced to such part of the offender’s DHMP

sentence as the court considers appropriate and is specified in the
reduction order.

(4)In deciding whether to make a reduction order, the court must, in
particular, take into account any evidence—

(a)5that the relevant young offender’s rehabilitation has been
exceptional;

(b)that the continued detention or imprisonment of the offender
for the remainder of the minimum term is likely to give rise to a
serious risk to the welfare or continued rehabilitation of the
10offender which cannot be eliminated or mitigated to a
significant degree.

(5)In this section “DHMP sentence”, “minimum term” and “relevant
young offender” have the same meaning as in section 27A.”

(2)In section 28 of that Act (duty to release certain life prisoners), in subsection
15(1A), for the words from “the part of” to the end substitute—

“(a)the part of the sentence specified in the minimum term order, or

(b)in a case where one or more reduction orders has been made in
relation to the prisoner (see section 27B), the part of the sentence
specified in the most recent of those orders.”

(3)20A pre-commencement application—

(a)is to be treated for the purposes of subsection (4) of section 27A of the
Crime (Sentences) Act 1997 as if it was made under that section if, at the
time the relevant young offender made the application, they had
served at least half of the minimum term;

(b)25if not determined before the day on which this section comes into force,
is to be dealt with in the manner in which it would have been dealt with
immediately before this section comes into force.

(4)In this section—

• “minimum term”, in relation to a relevant young offender, means the part
  30of the offender’s DHMP sentence specified in the minimum term order
  made in respect of the sentence (and for these purposes “DHMP
  sentence” and “minimum term order” have same meanings as in that
  section 27A);

• “pre-commencement application” means an application by a relevant
  35young offender for a review of the minimum term that was made to the
  Secretary of State before the day on which this section comes into force;

• “relevant young offender” has the same meaning as in section 27A of the
  Crime (Sentences) Act 1997.

106 Life sentence not fixed by law: minimum term

(1)40In section 323 of the Sentencing Code (minimum term order for life sentence
not fixed by law)—

(a)after subsection (1) insert—

“(1A)The starting point, in determining the minimum term, is the
relevant portion of the notional determinate sentence.

(1B)45The “notional determinate sentence”, in relation to a life
sentence, is the custodial sentence that the court would have
imposed if the court had not imposed the life sentence.

(1C)The “relevant portion” of the notional determinate sentence is—

(a)where that sentence is within section 247A(2A) of the
Criminal Justice Act 2003 (terrorist prisoners not
entitled to early release), the term that the court would
5have determined as the appropriate custodial term
(within the meaning given by subsection (8) of that
section);

(b)where that sentence is a sentence under section 252A,
254, 265, 266, 278 or 279 (and is not within paragraph
10(a)), two-thirds of the term that the court would have
determined as the appropriate custodial term under that
section;

(c)where that sentence is any other custodial sentence,
two-thirds of the term of the sentence.”;

(b)15in subsection (2)—

(i)for the words before paragraph (a), substitute “The minimum
term must be the starting point adjusted as the court considers
appropriate, taking into account—”;

(ii)omit paragraph (b) (but not the final “and”).

(2)20In section 261A(3) of the Armed Forces Act 2006 (life sentences: further
provision), before paragraph (a) insert—

“(za)subsection (1C)(b) has effect as if for “section 252A, 254, 265,
266, 278 or 279” there were substituted—

(i)section 224A or 224B of the Armed Forces Act 2006, or

(ii)25section 254, 266, 278 or 279 passed as a result of section
219A, 219ZA or 221A of that Act,”.

(3)In the Sentencing Act 2020—

(a)in section 61 (sentencing guidelines for life sentences etc)—

(i)for subsection (6), for the words from “the notional” to “made
30under” substitute “the notional determinate sentence within the
meaning of”;

(ii)omit subsection (7);

(b)omit the following (which concern the commencement of paragraph 85
of Schedule 22)—

(i)35section 407(1)(b)(ii) (but not the final “or”);

(ii)section 417(8);

(c)in Schedule 22 (prospective amendments of the Sentencing Code)—

(i)in paragraph 68A (amendments of section 323 of the Sentencing
Code in relation to prospective abolition of detention in young
40offender institution), before sub-paragraph (a) insert—

“(za)in subsection (1C)(b), omit “265, 266,”;

(ii)omit paragraph 85 (prospective amendments of section 323);

(d)in paragraph 20A of Schedule 26 (amendments of section 261A of
Armed Forces Act 2006 in relation to prospective abolition of detention
45in young offender institution), before sub-paragraph (a) insert—

“(za)in paragraph (za)—

(i)in the words before sub-paragraph (i), omit
“265, 266,”;

(ii)in sub-paragraph (ii), omit “266,”.

Release on licence

107 Increase in requisite custodial period for certain violent or sexual offenders

(1)The Criminal Justice Act 2003 is amended in accordance with subsections (2) to
(8).

(2)5In section 244 (general duty to release prisoners)—

(a)in the heading, at the end insert “not subject to special provision for
release”;

(b)in subsection (1), after “243A,” insert “244ZA,”.

(3)After section 244 insert—

“244ZA 10 Release on licence of certain violent or sexual offenders

(1)As soon as a fixed-term prisoner to whom this section applies has
served the requisite custodial period for the purposes of this section, it
is the duty of the Secretary of State to release the prisoner on licence
under this section.

(2)15This section applies to a prisoner who—

(a)is serving a fixed-term sentence within subsection (4), (5) or (6),

(b)is not a prisoner to whom section 244A, 246A or 247A applies,
and

(c)has not been released on licence (provision for the release of
20persons recalled under section 254 being made by sections 255B
and 255C).

(3)Subsection (1) does not apply if—

(a)the prisoner’s case has been referred to the Board under section
244ZB, or

(b)25a notice given to the prisoner under subsection (4) of that
section is in force.

(4)A fixed-term sentence is within this subsection if it—

(a)is a sentence of—

(i)imprisonment, or

(ii)30detention under section 96 of the PCC(S)A 2000 or
section 262 of the Sentencing Code,

(b)is for a term of 7 years or more,

(c)was imposed on or after 1 April 2020, and

(d)was imposed in respect of an offence—

(i)35that is specified in Part 1 or 2 of Schedule 15, and

(ii)for which a sentence of life imprisonment may be
imposed.

(5)A fixed-term sentence is within this subsection if it—

(a)is a sentence of imprisonment or a sentence of detention under
40section 262 of the Sentencing Code,

(b)is for a term of at least 4 years but less than 7 years,

(c)was imposed on or after the day on which section 107 of the
Police, Crime, Sentencing and Courts Act 2021 came into force,
and

(d)was imposed in respect of an offence within subsection (7).

(6)A fixed-term sentence is within this subsection if it—

(a)is a sentence of detention under section 250 of the Sentencing
Code,

(b)5is for a term of 7 years or more,

(c)was imposed on or after the day on which section 107 of the
Police, Crime, Sentencing and Courts Act 2021 came into force,
and

(d)was imposed in respect of an offence within subsection (7).

(7)10An offence is within this subsection if—

(a)it is specified in any of the following paragraphs of Part 1 of
Schedule 15—

(i)paragraph 1 (manslaughter);

(ii)paragraph 4 (soliciting murder);

(iii)15paragraph 6 (wounding with intent to cause grievous
bodily harm);

(iv)paragraph 64 (ancillary offences), so far as it relates to an
offence listed in paragraph 1, 4 or 6;

(v)paragraph 65 (inchoate offences in relation to murder),
20or

(b)it is an offence—

(i)that is specified in Part 2 of that Schedule (sexual
offences), and

(ii)for which a sentence of life imprisonment may be
25imposed.

(8)For the purposes of this section “the requisite custodial period”
means—

(a)in relation to a prisoner serving one sentence, two-thirds of the
prisoner’s sentence, and

(b)30in relation to a prisoner serving two or more concurrent or
consecutive sentences, the period determined under sections
263(2) and 264(2B) or (2E).”

(4)In section 260(5) (powers and duties of Secretary of State that continue to apply
to prisoner removed from prison pending deportation), after “244,” insert
35“244ZA,”.

(5)In section 261(5)(b) (application of release provisions to returning deported
prisoner), after “244,” insert “244ZA,”.

(6)In section 264(6) (consecutive terms of imprisonment: meaning of custodial
period), after paragraph (ca) (inserted by section 108) (but before the final
40“and”), insert—

“(cb)in relation to a sentence in respect of which section 244ZA
applies to the offender, two-thirds of the sentence,”.

(7)In section 268(1A) (meaning of “requisite custodial period” in Chapter 6 of Part
12), in paragraph (d), for “or section 244” substitute “, 244 or 244ZA”.

(8)45In Schedule 15 (specified offences for certain purposes to do with release of
offenders)—

(a)in the heading, for “section” substitute “sections 244ZA and”;

(b)in the shoulder reference, for “Section” substitute “Sections 244ZA
and”.

(9)The Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order
2020 (S.I. 2020/158) is revoked.

108 5Increase in requisite custodial period for certain other offenders of particular
concern

(1)The Criminal Justice Act 2003 is amended as follows.

(2)In section 244A(6) (release on licence of prisoners serving sentence under
section 278 of the Sentencing Code etc: interpretation), in the definition of “the
10requisite custodial period”—

(a)in paragraph (a), after “one sentence” insert “imposed before the day on
which section 108 of the Police, Crime, Sentencing and Courts Act 2021
came into force”;

(b)after that paragraph (but before the final “and”) insert—

“(aa)15in relation to a person serving one sentence imposed on
or after that day, two-thirds of the appropriate custodial
term,”.

(3)In section 264(6) (consecutive terms of imprisonment: meaning of custodial
period)—

(a)20in paragraph (c), after “Code” insert “before the day on which section
108 of the Police, Crime, Sentencing and Courts Act 2021 came into
force”;

(b)after that paragraph (but before the final “and”) insert—

“(ca)in relation to a sentence imposed under section 265 or
25278 of the Sentencing Code on or after the day on which
section 108 of the Police, Crime, Sentencing and Courts
Act 2021 came into force, two-thirds of the appropriate
custodial term determined by the court under that
section,”.

109 30Power to refer high-risk offenders to Parole Board in place of automatic
release

(1)The Criminal Justice Act 2003 is amended in accordance with subsections (2) to
(10).

(2)In section 243A (release of prisoners serving sentences of less than 12 months),
35after subsection (2) insert—

“(2A)Subsection (2) does not apply if—

(a)the prisoner’s case has been referred to the Board under section
244ZB, or

(b)a notice given to the prisoner under subsection (4) of that
40section is in force.”

(3)In section 244 (general duty to release prisoners), after subsection (1) insert—

“(1ZA)Subsection (1) does not apply if—

(a)the prisoner’s case has been referred to the Board under section
244ZB, or

(b)a notice given to the prisoner under subsection (4) of that
section is in force.”

(4)After section 244 insert—

“244ZB Referral of high-risk offenders to Parole Board in place of automatic
5release

(1)This section applies to a prisoner who—

(a)would (but for anything done under this section and ignoring
any possibility of release under section 246 or 248) be, or
become, entitled to be released on licence under section
10243A(2), 244(1) or 244ZA(1), and

(b)is (or will be) aged 18 or over on the first day on which the
prisoner would be so entitled.

(2)For the purposes of this section, the Secretary of State is of the requisite
opinion if the Secretary of State believes on reasonable grounds that the
15prisoner would, if released, pose a significant risk to members of the
public of serious harm occasioned by the commission of any of the
following offences—

(a)murder;

(b)specified offences, within the meaning of section 306 of the
20Sentencing Code.

(3)If the Secretary of State is of the requisite opinion, the Secretary of State
may refer the prisoner’s case to the Board.

(4)Before referring the prisoner’s case to the Board, the Secretary of State
must notify the prisoner in writing of the Secretary of State’s intention
25to do so (and the reference may be made only if the notice is in force).

(5)A notice given under subsection (4) must take effect before the prisoner
becomes entitled as mentioned in subsection (1)(a).

(6)A notice given under subsection (4) must explain—

(a)the effect of the notice (including its effect under section
30243A(2A), 244(1ZA) or 244ZA(3)),

(b)why the Secretary of State is of the requisite opinion, and

(c)the prisoner’s right to make representations (see subsection
(12)).

(7)A notice given under subsection (4)—

(a)35takes effect at whichever is the earlier of—

(i)the time when it is received by the prisoner, and

(ii)the time when it would ordinarily be received by the
prisoner, and

(b)remains in force until—

(i)40the Secretary of State refers the prisoner’s case to the
Board under this section, or

(ii)the notice is revoked.

(8)The Secretary of State—

(a)may revoke a notice given under subsection (4), and

(b)45must do so if the Secretary of State is no longer of the requisite
opinion.

(9)If a notice given under subsection (4) is in force and the prisoner would
but for the notice have become entitled as mentioned in subsection
(1)(a)—

(a)the prisoner may apply to the High Court on the ground that
5the prisoner’s release has been delayed by the notice for longer
than is reasonably necessary in order for the Secretary of State
to complete the referral of the prisoner’s case to the Board, and

(b)the High Court, if satisfied that that ground is made out, must
by order revoke the notice.

(10)10At any time before the Board disposes of a reference under this section,
the Secretary of State—

(a)may rescind the reference, and

(b)must do so if the Secretary of State is no longer of the requisite
opinion.

(11)15If the reference is rescinded, the prisoner is no longer to be treated as
one whose case has been referred to the Board under this section (but
this does not have the effect of reviving the notice under subsection (4)).

(12)The prisoner may make representations to the Secretary of State about
the referral, or proposed referral, of the prisoner’s case at any time after
20being notified under subsection (4) and before the Board disposes of
any ensuing reference under this section.

But the Secretary of State is not required to delay the referral of the
prisoner’s case in order to give an opportunity for such representations
to be made.

244ZC 25 Proceedings following reference under section 244ZB

(1)This section applies to a prisoner whose case has been referred to the
Parole Board under section 244ZB.

(2)If, in disposing of that reference or any subsequent reference of the
prisoner’s case to the Board under this subsection, the Board does not
30direct the prisoner’s release, it is the duty of the Secretary of State to
refer the prisoner’s case to the Board again no later than the first
anniversary of the disposal.

(3)It is the duty of the Secretary of State to release the prisoner on licence
as soon as—

(a)35the prisoner has served the requisite custodial period, and

(b)the Board has directed the release of the prisoner under this
section.

(4)The Board must not give a direction under subsection (3) in disposing
of the reference under section 244ZB unless the Board is satisfied that it
40is no longer necessary for the protection of the public that the prisoner
should be confined.

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

(a)the Secretary of State has referred the prisoner’s case to the
45Board under subsection (2), and

(b)the Board is satisfied that it is no longer necessary for the
protection of the public that the prisoner should be confined.

(6)For the purposes of this section, the “requisite custodial period” means
the period ending with the day on which the prisoner would have
become entitled as mentioned in section 244ZB(1)(a).”

(5)In section 246(4) (exceptions from power to release early subject to curfew),
5after paragraph (f) insert—

“(fa)the prisoner’s case has been referred to the Board under section
244ZB,

(fb)a notice given to the prisoner under subsection (4) of that
section is in force,”.

(6)10In section 255A(2) (duty to consider suitability for automatic release following
recall of certain prisoners) (as amended by the Counter-Terrorism and
Sentencing Act 2021), for “or a serious terrorism prisoner” substitute “, a
serious terrorism prisoner or a prisoner whose case was referred to the Board
under section 244ZB”.

(7)15In section 255C(1) (prisoners whose release after recall is not automatic), for the
words from “who” to the end substitute “—

(a)whose suitability for automatic release does not have to be
considered under section 255A(2), or

(b)who is not considered suitable for automatic release.”

(8)20In section 260(5) (powers and duties of Secretary of State that continue to apply
to prisoner removed from prison pending deportation), after “244,” insert
“244ZB,”.

(9)In section 261(5)(b) (application of release provisions to returning deported
prisoner), after “244,” insert “244ZC,”.

(10)25In section 268(1A) (meaning of “requisite custodial period” in Chapter 6 of Part
12), after paragraph (c) insert—

“(ca)in relation to a prisoner whose case has been referred to the
Parole Board under section 244ZB, the requisite custodial
period for the purposes of section 244ZC;”.

(11)30In Schedule 1 to the Crime (Sentences) Act 1997—

(a)in paragraph 8(2)(a) (provisions relating to release continuing to apply
to prisoner transferred from England and Wales to Scotland), for “,
244,” substitute “to”;

(b)in paragraph 9(2)(a) (provisions relating to release continuing to apply
35to prisoner transferred from England and Wales to Northern Ireland),
for “, 244,” substitute “to”.

(12)In section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act
2012 (power to alter test for release on licence at direction of Parole Board)—

(a)in subsection (2), after paragraph (b) insert—

“(bza)40a prisoner whose case has been referred to the Parole
Board under section 244ZB of the Criminal Justice Act
2003 (power to refer to Parole Board in place of
automatic release),”;

(b)in subsection (3), before paragraph (ab) insert—

“(aaa)45amend section 244ZC of the Criminal Justice Act 2003
(proceedings following reference under section 244ZB
of that Act),”.