Police, Crime, Sentencing and Courts Bill (HL Bill 72)

Part 7 continued    

(a)in relation to dealing with a person for an offence, or

(b)in relation to a sentence passed for an offence,

has effect only where the person committed the offence on or after the day on
which the Schedule came into force.

(12)5For the purposes of subsection (11), where an offence is found to have been
committed—

(a)over a period of 2 or more days, or

(b)at some time during a period of 2 or more days,

it is to be taken to have been committed on the last of those days.

10Life sentences: time to be served

103 Whole life order as starting point for premeditated child murder

In Schedule 21 to the Sentencing Code (minimum terms in mandatory life
sentences), in paragraph 2(2), after paragraph (b) insert—

“(ba)the murder of a child involving a substantial degree of
15premeditation or planning, where the offence was committed
on or after the day on which section 103 of the Police, Crime,
Sentencing and Courts Act 2021 came into force,”.

104 Whole life orders for young adult offenders in exceptional cases

(1)The Sentencing Code is amended as follows.

(2)20In section 321 (orders to be made on passing life sentence)—

(a)in subsection (3)(a), for the words from “the offender” to “committed”
substitute “the case is within subsection (3A) or (3B)”;

(b)after subsection (3) insert—

“(3A)A case is within this subsection if the offender was aged 21 or
25over when the offence was committed.

(3B)A case is within this subsection if—

(a)the offence was committed on or after the day on which
section 104 of the Police, Crime, Sentencing and Courts
Act 2021 came into force, and

(b)30the offender was aged 18 or over but under 21 when the
offence was committed.

(3C)In a case within subsection (3B), the court may arrive at the
opinion set out in subsection (3)(b) only if it considers that the
seriousness of the offence, or combination of offences, is
35exceptionally high even by the standard of offences which
would normally result in a whole life order in a case within
subsection (3A).”

(3)In section 322 (further provision about mandatory life sentences), in subsection
(3)(a), after “321(3)” insert “or (3C)”.

105 40Starting points for murder committed when under 18

In Schedule 21 to the Sentencing Code (minimum terms in mandatory life

sentences), for paragraph 6 substitute—

“5A(1)This paragraph applies if—

(a)the offender was aged under 18 when the offence was
committed, and

(b)5the offender was convicted of the offence on or after the day
on which section 105 of the Police, Crime, Sentencing and
Courts Act 2021 came into force.

(2)The appropriate starting point, in determining the minimum term, is
the period given in the entry in column 2, 3 or 4 of the following table
10that corresponds to—

(a)the age of the offender when the offence was committed, as
set out in column 1, and

(b)the provision of this Schedule that would have supplied the
appropriate starting point had the offender been aged 18
15when the offence was committed, as set out in the headings
to columns 2, 3 and 4.

6(1)This paragraph applies if—

(a)the offender was aged under 18 when the offence was
committed, and

(b)30the offender was convicted of the offence before the day on
which section 105 of the Police, Crime, Sentencing and Courts
Act 2021 came into force.

(2)The appropriate starting point, in determining the minimum term, is
12 years.”

106 35Sentences of detention during Her Majesty’s pleasure: review of minimum
term

(1)Before the italic heading above section 28 of the Crime (Sentences) Act 1997

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.

107 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

108 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 could have
been imposed (in the case of an offender aged 21 or over)
at the time when the actual sentence was imposed.

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

(a)40is a sentence of imprisonment or a sentence of detention under
section 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 108 of the
Police, Crime, Sentencing and Courts Act 2021 came into force,
45and

(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 108 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 could have
25been imposed (in the case of an offender aged 21 or over)
at the time when the actual sentence was imposed.

(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
30prisoner’s sentence, and

(b)in 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
35to prisoner removed from prison pending deportation), after “244,” insert
“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
40period), after paragraph (ca) (inserted by section 109) (but before the final
“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
4512), in paragraph (d), for “or section 244” substitute “, 244 or 244ZA”.

(8)In 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
52020 (S.I. 2020/158) is revoked.

109 Increase 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
10section 278 of the Sentencing Code etc: interpretation), in the definition of “the
requisite custodial period”—

(a)in paragraph (a), after “one sentence” insert “imposed before the day on
which section 109 of the Police, Crime, Sentencing and Courts Act 2021
came into force”;

(b)15after that paragraph (but before the final “and”) insert—

“(aa)in 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
20period)—

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

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

“(ca)25in relation to a sentence imposed under section 265 or
278 of the Sentencing Code on or after the day on which
section 109 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
30section,”.

110 Power 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)35In section 243A (release of prisoners serving sentences of less than 12 months),
after 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)40a notice given to the prisoner under subsection (4) of that
section 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)5After section 244 insert—

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

(1)This section applies to a prisoner who—

(a)would (but for anything done under this section and ignoring
10any possibility of release under section 246 or 248) be, or
become, entitled to be released on licence under section
243A(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)15For 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
prisoner 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)20murder;

(b)specified offences, within the meaning of section 306 of the
Sentencing 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)25Before 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
to 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)30A notice given under subsection (4) must explain—

(a)the effect of the notice (including its effect under section
243A(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
35(12)).

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

(a)takes 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
40prisoner, and

(b)remains in force until—

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

(ii)the notice is revoked.

(8)45The Secretary of State—

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