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

Part 7 continued    

(h)after the definition of “sentence of imprisonment” insert—

• “serious terrorism sentence” means a sentence imposed
  under section 205ZA of the 1995 Act;”.

(11)In Schedule 22 to the Coroners and Justice Act 2009, omit paragraphs 35 and 36
5(powers to make transitional provision in relation to section 35C of the Road
Traffic Offenders Act 1988).

119 Increase in driving disqualification periods under certain existing orders:
Scotland

(1)Subsection (2) applies where—

(a)10a driving disqualification order was made in accordance with an
extended disqualification provision,

(b)the sentence of imprisonment as a result of which the extended
disqualification provision applied was imposed before the day on
which section 118 came into force,

(c)15section 1AB of the Prisoners and Criminal Proceedings (Scotland) Act
1993 applies to the offender in respect of the sentence (the offender, in
particular, not having been released in respect of the sentence), and

(d)the appropriate extension period for the purposes of the order would
have been longer had the sentence been imposed on the day on which
20section 118 came into force.

(2)The order has effect, on and after the day on which section 118 comes into force,
as if the period of disqualification included an appropriate extension period of
such length as it would have included had the sentence of imprisonment been
imposed on that day.

(3)25In this section—

• “driving disqualification order” means an order under—

  (a)

  section 34 or 35 of the Road Traffic Offenders Act 1988 (“the
  1988 Act”), or

  (b)

  section 248 or 248A of the Criminal Procedure (Scotland) Act
  301995 (“the 1995 Act”);

• “an extended disqualification provision” means—

  (a)

  section 35C of the 1988 Act (in the case of an order under section
  34 or 35 of that Act), or

  (b)

  section 248D of the 1995 Act (in the case of an order under
  35section 248 or 248A of the 1995 Act;

• “appropriate extension period” and “sentence of imprisonment” are to be
  read in accordance with the extended disqualification provision
  concerned.

Minor amendments

120 40Calculation of period before release or Parole Board referral where multiple
sentences being served

(1)In the Crime (Sentences) Act 1997—

(a)in section 28(7) (time of Parole Board referral), omit paragraph (c) (and
the “and” immediately before it);

(b)before section 34 insert—

“33A Life prisoners also serving fixed-term sentence

(1)This section applies where a life prisoner is also serving one or
more sentences by virtue of which the fixed-term provisions
5apply to the offender.

(2)Nothing in this Chapter requires the Secretary of State to release
the prisoner unless the Secretary of State is also required by the
fixed-term provisions to release the prisoner.

(3)Nothing in this Chapter requires the Secretary of State to refer
10the prisoner’s case to the Parole Board unless the Secretary of
State is also required by the fixed-term provisions to—

(a)refer the prisoner’s case to the Board, or

(b)release the prisoner.

(4)The fact that the prisoner is serving a life sentence is to be
15ignored in determining, for the purposes of subsections (2) and
(3), what the fixed-term provisions require.

(5)In this section “the fixed-term provisions” means Chapter 6 of
Part 12 of the Criminal Justice Act 2003.”;

(c)in section 34 (interpretation), omit subsection (4).

(2)20The Criminal Justice Act 2003 is amended in accordance with subsections (3) to
(11).

(3)In section 243A(3) (requisite custodial period before release in short sentence),
for “264(2)” substitute “264(2B) or (2E)”.

(4)In section 244(3)(d) (usual requisite custodial period before release), for
25“264(2)” substitute “264(2B) or (2E)”.

(5)In section 244A(6) (periods before release or referral in sentences for offenders
of particular concern), in paragraph (b) of the definition of “requisite custodial
period”, for “264(2)” substitute “264(2D)”.

(6)In section 246A(8) (periods before release or referral in extended sentences), in
30paragraph (b) of the definition of “requisite custodial period”, for “264(2)”
substitute “264(2B), (2D) or (2E)”.

(7)In section 247(7) (periods before release in old extended sentences), in
paragraph (b) of the definition of “requisite custodial period”, for “264(2)”
substitute “264(2B) or (2E)”.

(8)35In section 247A(8) (release of terrorist prisoners: definitions), in paragraph (c)
of the definition of “requisite custodial period”, for “264(2)” substitute
“264(2B), (2D) or (2E)”.

(9)In section 263 (release in case of concurrent sentences), in subsection (2), after
paragraph (a) insert—

“(aza)40nothing in this Chapter requires the Secretary of State to refer
the offender’s case to the Board in respect of any of the terms
unless and until the Secretary of State is required either—

(i)to refer the offender’s case to the Board, or

(ii)to release the offender,

45in respect of each of the others,”.

(10)In section 264 (release in case of consecutive sentences)—

(a)for subsection (2) substitute—

“(2A)Subsection (2B) applies if each of the terms of imprisonment is
subject to initial automatic release.

(2B)5Nothing in this Chapter requires the Secretary of State to release
the offender until the offender has served a period equal to the
aggregate of the length of the minimum custodial periods in
each of the terms.

(2C)Subsections (2D) and (2E) apply if at least one of the terms of
10imprisonment is subject to initial Parole Board referral.

(2D)Nothing in this Chapter requires the Secretary of State to refer
the offender’s case to the Board until the offender has served a
period equal to the aggregate length of the minimum custodial
periods in each of the terms.

(2E)15Nothing in this Chapter requires the Secretary of State to release
the offender until—

(a)the Board has directed the release of the offender, or

(b)the offender has served a period equal to the aggregate
length of—

(i)20the minimum custodial periods in each of the
terms (if any) that is subject to initial automatic
release, and

(ii)the maximum custodial periods in each of the
terms that is subject to initial Parole Board
25referral.

(2F)For the purposes of subsections (2A) to (2E)—

(a)a term of imprisonment is “subject to initial automatic
release” if it is a sentence in respect of which—

(i)section 243A(1), 244(1), 244ZA(1), 246A(2) or 247
30applies to the offender, or

(ii)section 247A applies, but subsections (3) to (5) of
that section do not apply, to the offender;

(b)a term of imprisonment is “subject to initial Parole
Board referral” if it is a sentence in respect of which—

(i)35section 244ZC, 244A, 246A(3) to (7) or 247A(3) to
(5) applies to the offender, or

(ii)a notice under section 244ZB(4) is in force.”;

(b)in subsections (6) and (6A), in the words before paragraph (a), before
“custodial” insert “minimum”;

(c)40after subsection (6A) insert—

“(6B)In this section “maximum custodial period” means—

(a)in relation to a sentence imposed under section 226A,
226B, 227, 228 or 236A of this Act or section 252A, 254,
265, 266, 278 or 279 of the Sentencing Code, the
45“appropriate custodial term” determined by the court
under that section;

(b)in relation to any other sentence, the term of the
sentence.”

(11)After section 267B insert—

“267C Fixed-term prisoners also serving life sentence

(1)This section applies where a fixed-term prisoner is also serving one or
more sentences by virtue of which the life sentence provisions apply to
5the offender.

(2)Nothing in this Chapter requires the Secretary of State to release the
prisoner unless the Secretary of State is also required by the life
sentence provisions to release the prisoner.

(3)Nothing in this Chapter requires the Secretary of State to refer the
10prisoner’s case to the Board unless the Secretary of State is also required
by the life sentence provisions to—

(a)refer the prisoner’s case to the Board, or

(b)release the prisoner.

(4)The fact that the prisoner is also serving a fixed-term sentence is to be
15ignored in determining, for the purposes of subsections (2) and (3),
what the life sentence provisions require.

(5)In this section “the life sentence provisions” means Chapter 2 of Part 2
of the 1997 Act.”

(12)In section 11 of the Criminal Justice and Courts Act 2015 (release on licence of
20life prisoners), omit subsections (1) and (4).

121 Application of release provisions to repatriated prisoners

(1)In the Schedule to the Repatriation of Prisoners Act 1984, in paragraph 2
(application of early release provisions) as it applies in relation to prisoners
repatriated to England and Wales—

(a)25omit sub-paragraphs (3) and (3A);

(b)for sub-paragraphs (3B) to (3F) (inserted by the Counter-Terrorism and
Sentencing Act 2021) substitute—

“(3ZA)The Secretary of State may specify in the warrant that the
prisoner is to be treated for the purposes of the enactments
30relating to release on licence as if the sentence to be served by
the prisoner was imposed in respect of—

(a)a particular offence under the law of England and
Wales,

(b)such an offence carried out in a certain manner or in
35certain circumstances, or

(c)such an offence in relation to which certain findings
were made by the court before which the prisoner
was convicted or sentenced for the offence;

and if that is done those enactments have effect accordingly.

(3ZB)40An offence may be specified under sub-paragraph (3ZA)
only if it corresponds to the offence in respect of which the
prisoner is required to be detained in the country or territory
from which the prisoner is transferred (“the overseas
offence”).

(3ZC)A specification under sub-paragraph (3ZA)(b) may be made
only if, in the opinion of the Secretary of State, findings made
by the court before which the prisoner was convicted or
sentenced for the overseas offence show that the overseas
5offence was committed in the manner or circumstances to be
specified (or in a corresponding manner or corresponding
circumstances).

(3ZD)A finding may be specified under sub-paragraph (3ZA)(c)
only if, in the opinion of the Secretary of State, findings made
10by the court before which the prisoner was convicted or
sentenced for the overseas offence show that the finding to be
specified could properly have been made by a court in
England and Wales dealing with the prisoner.

(3ZE)Sub-paragraph (3ZA) does not result in the enactments
15relating to release on licence applying in a way in which they
could not apply in relation to a sentence imposed in respect
of the offence specified under that sub-paragraph—

(a)that was committed at the same time as the overseas
offence was committed, or

(b)20in respect of which a conviction was made, or
sentence passed, at the same time as occurred in
respect of the overseas offence.

(3ZF)The Secretary of State may amend a warrant (whether issued
before or after sub-paragraph (3ZA) comes into force and
25whether or not the transfer it authorised has taken place) so
as to specify the matters there referred to.”;

(c)in sub-paragraph (4), in the definition of “the enactments relating to
release on licence”, for “and Chapter 6 of Part 12 of the Criminal Justice
Act 2003” substitute “, Chapter 6 of Part 12 of the Criminal Justice Act
302003 and section 28 of the Offender Management Act 2007”.

(2)The repeal by subsection (1)(b) of sub-paragraphs (3B) to (3F) of the amended
paragraph does not affect the continued operation of the enactments relating
to release on licence (within the meaning of that paragraph as amended by
subsection (1)) in relation to a warrant issued or amended in accordance with
35those sub-paragraphs before their repeal.

(3)In Schedule 26 to the Criminal Justice and Immigration Act 2008, the following
provisions (which contain superseded amendments of or in connection with
the paragraph amended by subsection (1)) are repealed—

(a)paragraph 19(4) and (5), and

(b)40paragraph 33(2) and (3).

122 Sentences and offences in respect of which polygraph condition may be
imposed

In section 28 of the Offender Management Act 2007 (application of polygraph
condition)—

(a)45in subsection (3), for paragraphs (a) to (g) substitute—

“(a)a life sentence within the meaning of Chapter 2 of Part 2
of the Crime (Sentences) Act 1997 (see section 34(2) of
that Act), or

(b)a fixed-term sentence within the meaning of Chapter 6
of Part 12 of the Criminal Justice Act 2003 (see section
237 of that Act) of a term of 12 months or more.”;

(b)in subsection (4), for the words from “means—” to the end substitute
5“means an offence specified in any one or more of—

(a)Schedule 3 to the Sexual Offences Act 2003 (sexual
offences attracting notification requirements),

(b)Part 2 of Schedule 15 to the Criminal Justice Act 2003
(sexual offences under the law of England and Wales
10specified for certain purposes),

(c)paragraphs 1 to 21 of Schedule 16 to that Act (sexual
offences under the law of Scotland specified for certain
purposes), as that Schedule had effect immediately
before its repeal on 14 July 2008, and

(d)15Part 2 of Schedule 17 to that Act (sexual offences under
the law of Northern Ireland specified for certain
purposes), as that Schedule had effect immediately
before its repeal on 14 July 2008.”;

(c)after subsection (4) insert—

“(4ZA)20In determining for the purposes of subsection (4) whether an
offence is specified in Schedule 3 to the Sexual Offences Act
2003, any limitation in that Schedule referring to the
circumstances of a particular case (including the sentence
imposed) is to be disregarded.”;

(d)25in subsection (4A) (inserted by the Counter-Terrorism and Sentencing
Act 2021), omit paragraph (b) (but not the final “or”);

(e)in subsection (4B) (also so inserted), omit paragraph (a);

(f)after subsection (4B) insert—

“(4C)A sentence in respect of a service offence is to be treated for the
30purposes of this section as if it were a sentence in respect of the
corresponding offence.

(4D)In subsection (4C)—

(a)“service offence” means an offence under—

(i)section 42 of the Armed Forces Act 2006,

(ii)35section 70 of the Army Act 1955 or the Air Force
Act 1955, or

(iii)section 42 of the Naval Discipline Act 1957;

(b)“corresponding offence” means—

(i)in relation to an offence under section 42 of the
40Armed Forces Act 2006, the corresponding
offence under the law of England and Wales
within the meaning of that section;

(ii)in relation to an offence under section 70 of the
Army Act 1955 or the Air Force Act 1955, the
45corresponding civil offence within the meaning
of that Act;

(iii)in relation to an offence under section 42 of the
Naval Discipline Act 1957, the civil offence
within the meaning of that section.

(4E)Section 48 of the Armed Forces Act 2006 (supplementary
provisions relating to ancillary service offences) applies for the
purposes of subsection (4D)(b)(i) above as it applies for the
purposes of the provisions of that Act referred to in subsection
5(3)(b) of that section.”

123 Minor amendments to do with weapons-related offences

(1)In Schedule 15 to the Criminal Justice Act 2003 (specified offences for certain
purposes to do with release of offenders)—

(a)after paragraph 60 insert—

“60A10An offence under section 47 of the Anti-Terrorism, Crime and
Security Act 2001 (use etc of nuclear weapons).

60BAn offence under section 50 of that Act (assisting or inducing
certain weapons-related acts overseas).”;

(b)omit paragraphs 163 and 164;

(c)15in paragraph 165, for “that Act” substitute “the Anti-Terrorism, Crime
and Security Act 2001”.

(2)In Schedule 18 to the Sentencing Code (specified offences for certain sentencing
purposes)—

(a)after paragraph 23 insert—

20“Anti-Terrorism, Crime and Security Act 2001

23AAn offence under either of the following provisions of the
Anti-Terrorism, Crime and Security Act 2001—

(a)section 47 (use etc of nuclear weapons);

(b)section 50 (assisting or inducing certain weapons-
25related acts overseas).”;

(b)for paragraph 42 substitute—

“42An offence under section 113 of the Anti-Terrorism, Crime
and Security Act 2001 (use of noxious substance or thing to
cause harm or intimidate).”

124 30Application of provision about minimum terms to service offences

In section 261A of the Armed Forces Act 2006 (life sentences imposed by Court
Martial), at the end insert—

“(5)Schedule 21, as it applies in relation to a sentence passed by the Court
Martial, has effect as if a reference to murder included reference to an
35offence under section 42 as respects which the corresponding offence
under the law of England and Wales is murder.”

Chapter 2 Community sentences

Community and suspended sentence orders

125 Supervision by responsible officer

(1)5The Sentencing Code is amended as follows.

(2)In section 215 (community order: duty of offender to keep in touch with
responsible officer)—

(a)after subsection (1) insert—

“(1A)In a case where the offender was convicted on or after the day
10on which section 125 of the Police, Crime, Sentencing and
Courts Act 2021 came into force, the responsible officer may
from time to time give the offender an instruction to attend an
appointment (with the responsible officer or with another
person) for the purposes of—

(a)15the rehabilitation of the offender, or

(b)the protection of the public.

(1B)The offender must comply with any instruction given by the
responsible officer under subsection (1A).”;

(b)in subsection (2), at the beginning insert “In the case of any community
20order (whenever the offender was convicted)”;

(c)after subsection (2) insert—

“(2A)The powers under subsections (1A) and (2) to give instructions
apply even if all the requirements of the community order have
been complied with.”;

(d)25in subsection (3), for “This obligation” substitute “An obligation under
this section”.

(3)In section 301 (suspended sentence order: duty of offender to keep in touch
with responsible officer)—

(a)after subsection (1) insert—

“(1A)30In a case where the offender was convicted on or after the day
on which section 125 of the Police, Crime, Sentencing and
Courts Act 2021 came into force, the responsible officer may
from time to time give the offender an instruction to attend an
appointment (with the responsible officer or with another
35person) for the purposes of—

(a)the rehabilitation of the offender, or

(b)the protection of the public.

(1B)The offender must comply with any instruction given by the
responsible officer under subsection (1A).”;

(b)40in subsection (2), at the beginning insert “In the case of any suspended
sentence order (whenever the offender was convicted)”;

(c)after subsection (2) insert—

“(2A)The powers under subsections (1A) and (2) to give instructions
apply even if all the community requirements of the suspended
sentence order have been complied with.”;

(d)5in subsection (3), for “That obligation” substitute “An obligation under
this section”.

126 Increases in maximum daily curfew hours and curfew requirement period

(1)Paragraph 9 of Schedule 9 to the Sentencing Code (community orders and
suspended sentence orders: curfew requirement) is amended in accordance
10with subsections (2) to (5).

(2)In sub-paragraph (4)—

(a)omit the “and” at the end of paragraph (a);

(b)in paragraph (b), for “16 hours” substitute “the relevant number of
hours”;

(c)15at the end insert “, and

(c)not more than 112 hours in any period of 7 days
beginning with the day of the week on which the
requirement first takes effect.”

(3)After sub-paragraph (4) insert—

“(4A)20In sub-paragraph (4) “the relevant number of hours” means—

(a)in relation to a relevant order in respect of an offence of which
the offender was convicted before the day on which section
126 of the Police, Crime, Sentencing and Courts Act 2021
came into force, 16 hours, and

(b)25in relation to a relevant order in respect of an offence of which
the offender was convicted on or after that day, 20 hours.”

(4)In sub-paragraph (5), for the words “the period of 12 months” substitute “the
relevant period”.

(5)After sub-paragraph (5) insert—

“(6)30In sub-paragraph (5) “the relevant period” means—

(a)in relation to a relevant order in respect of an offence of which
the offender was convicted before the day on which section
126 of the Police, Crime, Sentencing and Courts Act 2021
came into force, the period of 12 months, and

(b)35in relation to a relevant order in respect of an offence of which
the offender was convicted on or after that day, the period of
2 years.”

(6)In paragraph 13 of Schedule 23 to the Sentencing Act 2020 (powers to amend
limits in community requirements)—

(a)40in sub-paragraph (1)(b), after “9(4)” insert “or (4A)”;

(b)in sub-paragraph (2)(a), for “9(5)” substitute “9(6)”.

(7)The Criminal Justice Act 2003 is amended in accordance with subsections (8)
and (9).

(8)In Schedule 19A (supervision default orders)—

(a)in paragraph 2 (application of community orders provisions to
supervision default orders), in paragraph (h), for “9(1) to (4)” substitute
“9(1) to (4A)”;

(b)in paragraph 3—

(i)5in sub-paragraph (6), in the substituted sub-paragraph (4)(a),
for “16 hours” substitute “the relevant number of hours”;

(ii)after sub-paragraph (6) insert—

“(6A)Paragraph 9(4A) of that Schedule applies as if
references to an offence of which the offender was
10convicted before, on or after a day were references to
a failure by a person to comply with a requirement
that occurred before, on or after that day.”

(9)In Schedule 31 (default orders: modification of provisions relating to
community orders), in paragraph 3—

(a)15after sub-paragraph (1) insert—

“(1A)Any reference to an offence of which the offender was
convicted before, on or after a day is to be read as a reference
to a default made by a person before, on or after that day.”;

(b)in sub-paragraph (2)—

(i)20for “sub-paragraph (4)” substitute “sub-paragraph (4A)”;

(ii)for “(4A)” substitute “(4B)”.

127 Power for responsible officer to vary curfew requirements etc

(1)The Sentencing Code is amended as follows.

(2)In Part 5 of Schedule 9 (community orders and suspended sentence orders:
25curfew requirements), after paragraph 10 insert—

“Power of responsible officer to vary curfew requirement

10A(1)This paragraph applies where—

(a)a relevant order is in force,

(b)the order is in respect of an offence of which the offender was
30convicted on or after the day on which section 127 of the
Police, Crime, Sentencing and Courts Act 2021 came into
force,

(c)the order includes a curfew requirement imposed under
paragraph 9, and

(d)35the responsible officer considers that the variation condition
is met.

(2)The variation condition is met if, having regard to a change in the
offender’s circumstances since the relevant order was made, it is
appropriate to—

(a)40vary the start time of any of the curfew periods;

(b)vary the relevant place in relation to any of those periods.

(3)The responsible officer may, with the consent of the offender, give
the offender notice (a “variation notice”) specifying—

(a)the new start time of such of the curfew periods as are
45specified in the notice;