Police, Crime, Sentencing and Courts Bill (HL Bill 95)

Part 7 continued    

Life sentences: time to be served

124 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)5the murder of a child involving a substantial degree of
premeditation or planning, where the offence was committed
on or after the day on which section 124 of the Police, Crime,
Sentencing and Courts Act 2022 came into force,”.

125 Whole life orders for young adult offenders in exceptional cases

(1)10The Sentencing Code is amended as follows.

(2)In 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)15A case is within this subsection if the offender was aged 21 or
over 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 125 of the Police, Crime, Sentencing and Courts
20Act 2022 came into force, and

(b)the 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
25seriousness of the offence, or combination of offences, is
exceptionally 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
30(3)(a), after “321(3)” insert “or (3C)”.

126 Starting 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)35the offender was aged under 18 when the offence was
committed, and

(b)the offender was convicted of the offence on or after the day
on which section 126 of the Police, Crime, Sentencing and
Courts Act 2022 came into force.

(2)40The 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
that 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
5when 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)20the offender was convicted of the offence before the day on
which section 126 of the Police, Crime, Sentencing and Courts
Act 2022 came into force.

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

127 25Sentences 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 30Sentence of detention during Her Majesty’s pleasure imposed on a
person under 18: application for minimum term review

(1)This section applies to a person who—

(a)is serving a DHMP sentence, and

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

35and such a person is referred to in this section as a “relevant young
offender”.

(2)A 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)Where a relevant young offender has made an application for a
minimum term review under this section, the offender may only make
5a 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)the offender is under the age of 18 on the day on which the
further application is made.

(5)10Where the Secretary of State receives an application under this section,
the Secretary of State must—

(a)consider the application, and

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

(6)15Where 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)If the relevant young offender makes representations or provides
further evidence in support of the application before the end of the
20period 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)if the Secretary of State is no longer of the view mentioned in
subsection (5)(b), refer the application to the High Court, or

(b)25give notice to the offender confirming the decision not to refer
the application.

(8)In this section—

• “DHMP sentence” means a sentence of detention during Her
  Majesty’s pleasure imposed (whether before or after this section
  30comes 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
  sentence, means the part of the sentence specified—

  (a)

  in the minimum term order made in respect of the
  35sentence, or

  (b)

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

• “minimum term order”, in relation to a DHMP sentence, means
  40the 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)The 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
15confirming 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
20request 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
25section 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
30sentence,

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
35reduction order.

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

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

(b)40that 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
offender 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
(1A), for the words from “the part of” to the end substitute—

“(a)5the 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)A pre-commencement application—

(a)10is 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)if not determined before the day on which this section comes into force,
15is 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
  of the offender’s DHMP sentence specified in the minimum term order
  20made 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
  young offender for a review of the minimum term that was made to the
  25Secretary 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.

128 Life sentence not fixed by law: minimum term

(1)In section 323 of the Sentencing Code (minimum term order for life sentence
30not 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)The “notional determinate sentence”, in relation to a life
35sentence, 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
40entitled to early release), the term that the court would
have 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,
45254, 265, 266, 278 or 279 (and is not within paragraph
(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)5in 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)10In 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)15section 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
20under” 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)25section 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
30offender 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
35in 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,”.

40Release on licence

129 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)In section 244 (general duty to release prisoners)—

(a)45in 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 Release on licence of certain violent or sexual offenders

(1)As soon as a fixed-term prisoner to whom this section applies has
5served 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)This section applies to a prisoner who—

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

(b)10is not a prisoner to whom section 244A, 246A or 247A applies,
and

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

(3)15Subsection (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)20A fixed-term sentence is within this subsection if it—

(a)is a sentence of—

(i)imprisonment, or

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

(b)25is 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)that is specified in Part 1 or 2 of Schedule 15, and

(ii)for which a sentence of life imprisonment could have
30been 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)is a sentence of imprisonment or a sentence of detention under
section 262 of the Sentencing Code,

(b)35is for a term of at least 4 years but less than 7 years,

(c)was imposed on or after the day on which section 129 of the
Police, Crime, Sentencing and Courts Act 2022 came into force,
and

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

(6)40A fixed-term sentence is within this subsection if it—

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

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

(c)was imposed on or after the day on which section 129 of the
45Police, Crime, Sentencing and Courts Act 2022 came into force,
and

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

(7)An offence is within this subsection if—

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

(i)5paragraph 1 (manslaughter);

(ii)paragraph 4 (soliciting murder);

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

(iv)paragraph 64 (ancillary offences), so far as it relates to an
10offence listed in paragraph 1, 4 or 6;

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

(b)it is an offence—

(i)that is specified in Part 2 of that Schedule (sexual
15offences), 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.

(8)For the purposes of this section “the requisite custodial period”
20means—

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

(b)in relation to a prisoner serving two or more concurrent or
consecutive sentences, the period determined under sections
25263(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
“244ZA,”.

(5)In section 261(5)(b) (application of release provisions to returning deported
30prisoner), after “244,” insert “244ZA,”.

(6)In section 264(6) (consecutive terms of imprisonment: meaning of custodial
period), after paragraph (ca) (inserted by section 130) (but before the final
“and”), insert—

“(cb)in relation to a sentence in respect of which section 244ZA
35applies 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)In Schedule 15 (specified offences for certain purposes to do with release of
offenders)—

(a)40in 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.

130 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
5section 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 130 of the Police, Crime, Sentencing and Courts Act 2022
came into force”;

(b)10after 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
15period)—

(a)in paragraph (c), after “Code” insert “before the day on which section
130 of the Police, Crime, Sentencing and Courts Act 2022 came into
force”;

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

“(ca)20in relation to a sentence imposed under section 265 or
278 of the Sentencing Code on or after the day on which
section 130 of the Police, Crime, Sentencing and Courts
Act 2022 came into force, two-thirds of the appropriate
custodial term determined by the court under that
25section,”.

131 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)30In 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)35a 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
40244ZB, 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
release

(1)This section applies to a prisoner who—

(a)5would (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
243A(2), 244(1) or 244ZA(1), and

(b)is (or will be) aged 18 or over on the first day on which the
10prisoner 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
prisoner would, if released, pose a significant risk to members of the
public of serious harm occasioned by the commission of any of the
15following offences—

(a)murder;

(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
20may 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
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
25becomes 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
243A(2A), 244(1ZA) or 244ZA(3)),

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

(c)30the prisoner’s right to make representations (see subsection
(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)35the time when it would ordinarily be received by the
prisoner, and

(b)remains in force until—

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

(ii)40the notice is revoked.

(8)The Secretary of State—

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

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