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

Part 7 continued    

(b)must 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
5(1)(a)—

(a)the prisoner may apply to the High Court on the ground that
the 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)10the High Court, if satisfied that that ground is made out, must
by order revoke the notice.

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

(a)may rescind the reference, and

(b)15must do so if the Secretary of State is no longer of the requisite
opinion.

(11)If the reference is rescinded, the prisoner is no longer to be treated as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)20The prisoner may make representations to the Secretary of State about
the referral, or proposed referral, of the prisoner’s case at any time after
being 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
25prisoner’s case in order to give an opportunity for such representations
to be made.

244ZC 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)30If, in disposing of that reference or any subsequent reference of the
prisoner’s case to the Board under this subsection, the Board does not
direct 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)35It is the duty of the Secretary of State to release the prisoner on licence
as soon as—

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

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

(4)40The Board must not give a direction under subsection (3) in disposing
of the reference under section 244ZB unless the Board is satisfied that it
is 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)
45unless—

(a)the Secretary of State has referred the prisoner’s case to the
Board 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
5become entitled as mentioned in section 244ZB(1)(a).”

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

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

(fb)10a notice given to the prisoner under subsection (4) of that
section is in force,”.

(6)In 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
15serious terrorism prisoner or a prisoner whose case was referred to the Board
under section 244ZB”.

(7)In 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
20considered under section 255A(2), or

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

(8)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
“244ZB,”.

(9)25In section 261(5)(b) (application of release provisions to returning deported
prisoner), after “244,” insert “244ZC,”.

(10)In 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
30Parole Board under section 244ZB, the requisite custodial
period for the purposes of section 244ZC;”.

(11)In 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 “,
35244,” substitute “to”;

(b)in paragraph 9(2)(a) (provisions relating to release continuing to apply
to 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
402012 (power to alter test for release on licence at direction of Parole Board)—

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

“(bza)a 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
45automatic release),”;

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

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

111 5Power to make provision for reconsideration and setting aside of Parole Board
decisions

In section 239 of the Criminal Justice Act 2003 (the Parole Board), after
subsection (5) insert—

“(5A)Rules under subsection (5) may, in particular, make provision—

(a)10requiring or permitting the Board to make provisional
decisions;

(b)about the circumstances—

(i)in which the Board must or may reconsider such
decisions;

(ii)15in which such decisions become final;

(c)conferring power on the Board to set aside a decision or
direction that is within subsection (5B),

and any such provision may relate to cases referred to the Board under
this Chapter or under Chapter 2 of Part 2 of the 1997 Act.

(5B)20The following are within this subsection—

(a)a direction given by the Board for, or a decision made by it not
to direct, the release of a prisoner which the Board determines
it would not have given or made but for an error of law or fact,
or

(b)25a direction given by the Board for the release of a prisoner
which the Board determines it would not have given if—

(i)information that was not available to the Board when
the direction was given had been so available, or

(ii)a change in circumstances relating to the prisoner that
30occurred after the direction was given had occurred
before it was given.

(5C)Provision made by virtue of subsection (5A)(c)—

(a)may not confer power on the Board to set aside a direction for
the release of a prisoner at any time when the prisoner has
35already been released pursuant to that direction, but

(b)may make provision for the suspension of any requirement
under this Chapter or under Chapter 2 of Part 2 of the 1997 Act
for the Secretary of State to give effect to a direction of the Board
to release a prisoner, pending consideration by the Board as to
40whether to set it aside.”

112 Responsibility for setting licence conditions for fixed-term prisoners

(1)Section 250 of the Criminal Justice Act 2003 (licence conditions for fixed-term
prisoners) is amended in accordance with subsections (2) and (3).

(2)For subsections (5A) to (5B) substitute—

“(5A)45The Secretary of State must not—

(a)include a condition referred to in subsection (4)(b)(ii) in a
licence within subsection (5B), either on release or
subsequently, or

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

5unless the Board directs the Secretary of State to do so (and must, if the
Board so directs, include, vary or cancel such a condition).

(5B)A licence is within this subsection if it is granted to a relevant
prisoner—

(a)on their initial release in a case where that release is at the
10direction of the Board, or

(b)on their release after recall to prison in a case where that release
is at the direction of the Board (see sections 255B(5), 255C(5) and
256A(5)).

(5C)In subsection (5B), “relevant prisoner” means a prisoner to whom
15section 244ZC, 244A, 246A, 247 or 247A applies (or applied) for the
purposes of their initial release.”

(3)Omit subsection (9).

(4)Subsection (5) applies to any condition of a licence that is in force immediately
before commencement if—

(a)20the inclusion of the condition required a direction of the Board, but

(b)no such direction was given.

(5)The condition is to be treated, for the purposes of any time after
commencement, as it if was included in the licence at the direction of the Board.

(6)Nothing in this section except subsection (5) affects the validity of any
25condition included in a licence before commencement.

(7)In this section—

• “the Board” means the Parole Board;

• “commencement” means the coming into force of this section;

• “licence” means a licence under Chapter 6 of Part 12 of the Criminal
  30Justice Act 2003.

113 Repeal of uncommenced provision for establishment of recall adjudicators

In the Criminal Justice and Courts Act 2015, omit the following (which make
provision for recall adjudicators that has not been commenced)—

(a)sections 8 to 10, and

(b)35Schedule 3.

114 Release at direction of Parole Board after recall: fixed-term prisoners

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

(2)In section 255B (automatic release), after subsection (4) insert—

“(4A)The Board must not give a direction for P’s release on a reference under
40subsection (4) unless the Board is satisfied that it is not necessary for the
protection of the public that P should remain in prison until the end of
the period mentioned in subsection (1)(b).”

(3)In section 255C (fixed-term prisoners not suitable for automatic release), after
subsection (4) insert—

“(4A)The Board must not give a direction for P’s release on a reference under
subsection (4) unless the Board is satisfied that it is not necessary for the
5protection of the public that P should remain in prison.”

(4)Omit section 256 (power of Board to fix date for future release).

(5)In section 256A (further review)—

(a)for subsection (1) substitute—

“(1)This section applies to a person if—

(a)10there has been a previous reference of the person’s case
to the Board under section 255C(4) or this section, and

(b)the person has not been released.

(1A)The Secretary of State must refer the person’s case back to the
Board not later than the first anniversary of the most recent
15determination by the Board not to release the person (the
“review date”).

(1B)Subsection (1A) does not apply where the review date is 13
months or less before the date on which the person is required
to be released by the Secretary of State.”;

(b)20in subsection (2), for “that anniversary” substitute “the review date”;

(c)in subsection (3), for “a person’s” substitute “the person’s”;

(d)for subsections (4) and (5) substitute—

“(4)The Board must not give a direction for a person’s release on a
reference under subsection (1A) or (2) unless the Board is
25satisfied that it is not necessary for the protection of the public
that the person should remain in prison.

(5)Where on a reference under subsection (1A) or (2) the Board
directs a person’s release on licence under this Chapter, the
Secretary of State must give effect to the direction.”

(6)30After section 256A insert—

“256AZA Release after recall where further sentence being served

(1)This section applies where a person (“the offender”) is serving two or
more terms of imprisonment.

(2)Nothing in sections 255A to 256A requires the Secretary of State to
35release the offender in respect of any of the terms unless and until the
Secretary of State is required to release the offender in respect of each
of the others.

(3)Nothing in sections 255A to 256A requires the Secretary of State to refer
the offender’s case to the Board in respect of any of the terms unless and
40until the Secretary of State is required either—

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

(b)to release the offender,

in respect of each of the others.

(4)If the offender is released on licence under section 255B, 255C or 256A,
the offender is to be on licence—

(a)until the last date on which the offender is required to be on
licence in respect of any of the terms, and

(b)5subject to such conditions as are required by this Chapter in
respect of any of the sentences.

(5)This section applies to a determinate sentence of detention under any
of the following provisions as it applies to a term of imprisonment—

(a)section 91 or 96 of the PCC(S)A 2000;

(b)10section 250, 252A, 254, 262, 265, 266 or 268A of the Sentencing
Code;

(c)section 226A, 226B, 227, 228 or 236A of this Act.”

(7)In Schedule 20A (application of Chapter 6 of Part 12 of the 2003 Act to pre-4
April 2005 cases), omit paragraph 6(5) (certain determinations to be treated as
15made under section 256(1)).

115 Power to change test for release of fixed-term prisoners following recall

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

(2)After section 256AZA insert—

“256AZB Power to change test for release following recall

(1)20The 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)the test to be applied by the Secretary of State in deciding
whether to release a person under section 255B(2) or 255C(2);

(c)25the test to be applied by the Board in deciding whether to give
a direction for a person’s release when determining a reference
under section 255B(4), 255C(4) or 256A(1A) or (2).

(2)An order under subsection (1) may in particular—

(a)apply to a person recalled before the day on which the order
30comes into force (as well as to a person recalled on or after that
day);

(b)amend this Chapter.”

In section 330(5)(a) (orders subject to affirmative procedure), at the appropriate
place insert—

35“section 256AZB,”.

116 Release at direction of Parole Board: timing

(1)In the Crime (Sentences) Act 1997—

(a)in section 32(5) (duty to release life prisoner after recall), omit
“immediate”;

(b)after section 32ZA insert—

“Release at the direction of Parole Board

32ZB Release at direction of Parole Board: timing

(1)This section applies where the Parole Board directs the release
5of a life prisoner under section 28 or 32.

(2)The Secretary of State must give effect to the direction of the
Parole Board as soon as is reasonably practicable in all the
circumstances including, in particular, the need to make
arrangements in connection with any conditions that are to be
10included in the life prisoner’s licence under this Chapter.

(3)The duty under subsection (2) is subject to provision made
pursuant to section 239(5C)(b) of the Criminal Justice Act 2003
(provision in Parole Board rules in relation to setting aside of
release directions).”

(2)15In the Criminal Justice Act 2003—

(a)in section 255B(5) (automatic release after recall), omit “immediate”;

(b)in section 255C(5) (release after recall of fixed-term prisoner not
suitable for automatic release), omit “immediate”;

(c)after section 256AZB insert—

20“Release at the direction of the Board

256AZC Release at direction of Parole Board: timing

(1)This section applies where the Board directs the release of a
person on licence under this Chapter.

(2)The Secretary of State must give effect to the direction of the
25Parole Board as soon as is reasonably practicable in all the
circumstances including, in particular, the need to make
arrangements in connection with any conditions that are to be
included in the person’s licence under this Chapter.

(3)The duty under subsection (2) is subject to provision made
30pursuant to section 239(5C)(b).”

Driving disqualification: extension in connection with custodial sentence

117 Extension of driving disqualification where custodial sentence imposed:
England and Wales

(1)In section 35A(4) of the Road Traffic Offenders Act 1988 (extension of driving
35disqualification period where custodial sentence also imposed)—

(a)in paragraph (e), after “custodial sentence,” insert “but the sentence is
not within section 247A(2A) of the Criminal Justice Act 2003 (sentences
for terrorist offenders in respect of which no early release possible),”;

(b)in paragraph (f), after “custodial sentence,” insert “but the sentence is
40not within section 247A(2A) of the Criminal Justice Act 2003,”;

(c)after paragraph (f) insert—

“(fza)in a case that would fall within paragraph (e) or (f) but
for the fact that the custodial sentence falls within
section 247A(2A) of the Criminal Justice Act 2003, a
5period equal to the term imposed under section 266(a)
or 279(a) or (as the case may be) section 254(a) of the
Sentencing Code;”;

(d)in paragraph (fa)—

(i)after “under section” insert “252A,”;

(ii)10for “half” substitute “two-thirds”;

(iii)after “pursuant to section” insert “252A(4)(a),”;

(e)after paragraph (fa) insert—

“(fb)in the case of a sentence under section 268A or 282A of
that Code (serious terrorism sentences), a period equal
15to the term imposed by the court pursuant to section
268C(2) or 282C(2) of that Code;

(fc)in the case of a sentence in respect of which section
244ZA of the Criminal Justice Act 2003 applies to the
offender, a period equal to two-thirds of the sentence;

(fd)20in any other case where section 247A of the Criminal
Justice Act 2003 applies to the offender in respect of the
custodial sentence, a period equal to two-thirds of the
sentence;”.

(2)In section 166 of the Sentencing Code (extension of driving disqualification
25period where custodial sentence also imposed)—

(a)in the table in subsection (5)—

(i)in entries 3 and 5, in the third column, for “half” substitute “two-
thirds of”;

(ii)after entry 6A insert—

(b)40after subsection (5) insert—

“(5A)In the case of a sentence specified in entry 2, 4 or 6 of column 2
in the table which is within section 247A(2A) of the Criminal
Justice Act 2003, the corresponding entry in column 3 of the
table is to be read with the omission of “two-thirds of”.”

(3)45The amendments made by subsection (2)(a)(i) do not have effect in relation to
an offender who—

(a)is sentenced before the coming into force of section 107 (increase in
requisite custodial period for certain offenders of particular concern),
and

(b)on being sentenced, will be a prisoner to whom section 244A of the
5Criminal Justice Act 2003 (release on licence of prisoners serving
sentence under 278 of the Sentencing Code etc) applies.

(4)In the Sentencing Act 2020—

(a)in section 417 (commencement of prospective amendments), in
subsection (3)(a), after “40,” insert “40A,”;

(b)10in Schedule 22, after paragraph 40 (prospective amendment of section
166(5) of the Sentencing Code) insert—

“40AIn section 166(5A) (adaptation of disqualification period in
certain terrorist cases), in paragraph (a), omit “, 4”;

(c)also in Schedule 22, in paragraph 102 (prospective amendment of
15section 35A of the Road Traffic Offenders Act 1988)—

(i)in the words before sub-paragraph (a), omit “as amended by
paragraph 102(2) of Schedule 24”;

(ii)after sub-paragraph (a) insert—

“(aa)in paragraph (fza) omit “266(a) or”;”;

(iii)20at the end insert—

“(c)in paragraph (fb) omit “268A or” and “268C(2)
or”.”

(5)In Schedule 22 to the Coroners and Justice Act 2009, omit paragraph 34 (power
to make transitional provision in relation to section 35A of the Road Traffic
25Offenders Act 1988).

118 Increase in driving disqualification periods under certain existing orders:
England and Wales

(1)Subsection (2) applies where—

(a)a driving disqualification order was made in accordance with an
30extended disqualification provision,

(b)the custodial sentence as a result of which the extended disqualification
provision applied was imposed before the day on which section 117
came into force,

(c)section 244ZA (inserted by section 108) or 247A of the Criminal Justice
35Act 2003 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
section 117 came into force.

(2)40The order has effect, on and after the day on which section 117 comes into force,
as if the period of disqualification included an appropriate extension period of
such length as it would have included had the custodial sentence been
imposed on that day.

(3)For the purposes of this section, the “extended disqualification provisions”
45are—

(a)section 35A of the Road Traffic Offenders Act 1988,

(b)section 147A of the Powers of Criminal Courts (Sentencing) Act 2000,
and

(c)section 166 of the Sentencing Code,

and “appropriate extension period”, “driving disqualification order” and
5“custodial sentence” are to be read in accordance with the extended
disqualification provision concerned.

(4)In the application of this section before section 108 comes into force, the
reference in subsection (1)(c) to section 244ZA of the Criminal Justice Act 2003
is to be read as a reference to section 244 of that Act as modified by the Release
10of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020
(S.I. 2020/158).

(5)In the application of this section in relation to a custodial sentence imposed
under a provision repealed by the Sentencing Act 2020, the references to the
sentence in subsections (1)(d) and (2) are to be read as referring to an
15equivalent sentence imposed under the corresponding provision of the
Sentencing Code.

119 Extension of driving disqualification where custodial sentence imposed:
Scotland

(1)Section 35C of the Road Traffic Offenders Act 1988 (extension of driving
20disqualification period where custodial sentence also imposed) is amended in
accordance with subsections (2) to (5).

(2)In subsection (4)—

(a)after paragraph (a) insert—

“(aa)in the case of a person serving a serious terrorism
25sentence, a period equal to the appropriate custodial
term;

(ab)in the case of a person serving an extended sentence that
falls within section 1AB(2A) of the Prisoners and
Criminal Proceedings (Scotland) Act 1993 (“the 1993
30Act”), a period equal to the custodial term;

(ac)in the case of a person serving an extended sentence in
respect of which section 1AB(3) to (5) of the 1993 Act
applies to the person, a period equal to two-thirds of the
custodial term;”;

(b)35omit paragraph (b);

(c)in paragraph (c)—

(i)for “an” substitute “any other”;

(ii)for “confinement” substitute “custodial”;

(d)after paragraph (c) insert—

“(ca)40in the case of a person serving a sentence imposed under
section 205ZC of the Criminal Procedure (Scotland) Act
1995 (“the 1995 Act”), a period equal to two-thirds of the
appropriate custodial term;

(cb)in the case of a person serving any other sentence of
45imprisonment in respect of which section 1AB of the
1993 Act applies to the person, a period equal to two-
thirds of the sentence;”.