Crime and Disorder Bill [H.L.] - continued        House of Commons

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  PART IV
  DEALING WITH OFFENDERS
  CHAPTER I
  ENGLAND AND WALES
 
Sexual or violent offenders
Sentences extended for licence purposes.     58. - (1) This section applies where a court which proposes to impose a custodial sentence for a sexual or violent offence considers that the period (if any) for which the offender would, apart from this section, be subject to a licence would not be adequate for the purpose of preventing the commission by him of further offences and securing his rehabilitation.
 
      (2) Subject to subsections (3) to (5) below, the court may pass on the offender an extended sentence, that is to say, a custodial sentence the term of which is equal to the aggregate of-
 
 
    (a) the term of the custodial sentence that the court would have imposed if it had passed a custodial sentence otherwise than under this section ("the custodial term"); and
 
    (b) a further period ("the extension period") for which the offender is to be subject to a licence and which is of such length as the court considers necessary for the purpose mentioned in subsection (1) above.
      (3) Where the offence is a violent offence, the court shall not pass an extended sentence the custodial term of which is less than four years.
 
      (4) The extension period shall not exceed-
 
 
    (a) ten years in the case of a sexual offence; and
 
    (b) five years in the case of a violent offence.
      (5) The term of an extended sentence passed in respect of an offence shall not exceed the maximum term permitted for that offence.
 
      (6) Subsection (2) of section 2 of the 1991 Act (length of custodial sentences) shall apply as if the term of an extended sentence did not include the extension period.
 
      (7) The Secretary of State may by order amend paragraph (b) of subsection (4) above by substituting a different period, not exceeding ten years, for the period for the time being specified in that paragraph.
 
      (8) In this section-
 
 
    "licence" means a licence under Part II of the 1991 Act;
 
    "sexual offence" and "violent offence" have the same meanings as in Part I of that Act.
Effect of extended sentences.     59. For section 44 of the 1991 Act there shall be substituted the following section-
 
 
"Extended sentences for sexual or violent offenders.     44. - (1) This section applies to a prisoner serving an extended sentence within the meaning of section 58 of the Crime and Disorder Act 1998.
 
    (2) Subject to the provisions of this section, this Part, except sections 40 and 40A, shall have effect as if the term of the extended sentence did not include the extension period.
 
      (3) Where the prisoner is released on licence under this Part, the licence shall, subject to any revocation under section 39(1) or (2) above, remain in force until the end of the extension period.
 
      (4) Where, apart from this subsection, the prisoner would be released unconditionally-
 
 
    (a) he shall be released on licence; and
 
    (b) the licence shall, subject to any revocation under section 39(1) or (2) above, remain in force until the end of the extension period.
      (5) The extension period shall be taken to begin as follows-
 
 
    (a) for the purposes of subsection (3) above, on the date given by section 37(1) above;
 
    (b) for the purposes of subsection (4) above, on the date on which, apart from that subsection, the prisoner would have been released unconditionally.
      (6) Sections 33(3) and 33A(1) above and section 46 below shall not apply in relation to the prisoner.
 
      (7) For the purposes of sections 37(5) and 39(1) and (2) above, the question whether the prisoner is a long-term or short-term prisoner shall be determined by reference to the term of the extended sentence.
 
      (8) In this section "extension period" has the same meaning as in section 58 of the Crime and Disorder Act 1998."
 
Re-release of prisoners serving extended sentences.     60. After section 44 of the 1991 Act there shall be inserted the following section-
 
 
"Re-release of prisoners serving extended sentences.     44A. - (1) This section applies to a prisoner serving an extended sentence within the meaning of section 58 of the Crime and Disorder Act 1998 who is recalled to prison under section 39(1) or (2) above.
 
    (2) Subject to subsection (3) below, the prisoner may require the Secretary of State to refer his case to the Board at any time.
 
      (3) Where there has been a previous reference of the prisoner's case to the Board (whether under this section or section 39(4) above), the Secretary of State shall not be required to refer the case until after the end of the period of one year beginning with the disposal of that reference.
 
      (4) On a reference-
 
 
    (a) under this section; or
 
    (b) under section 39(4) above,
  the Board shall direct the prisoner's release if satisfied that it is no longer necessary for the protection of the public that he should be confined (but not otherwise).
 
      (5) If the Board gives a direction under subsection (4) above it shall be the duty of the Secretary of State to release the prisoner on licence."
 
 
Offenders dependent etc. on drugs
Drug treatment and testing orders.     61. - (1) This section applies where a person aged 16 or over is convicted of an offence other than one for which the sentence-
 
 
    (a) is fixed by law; or
 
    (b) falls to be imposed under section 2(2), 3(2) or 4(2) of the 1997 Act.
      (2) Subject to the provisions of this section, the court by or before which the offender is convicted may make an order (a "drug treatment and testing order") which-
 
 
    (a) has effect for a period specified in the order of not less than six months nor more than three years ("the treatment and testing period"); and
 
    (b) includes the requirements and provisions mentioned in section 62 below.
      (3) A court shall not make a drug treatment and testing order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area proposed to be specified in the order and the notice has not been withdrawn.
 
      (4) A drug treatment and testing order shall be a community order for the purposes of Part I of the 1991 Act; and the provisions of that Part, which include provisions with respect to restrictions on imposing, and procedural requirements for, community sentences (sections 6 and 7), shall apply accordingly.
 
      (5) The court shall not make a drug treatment and testing order in respect of the offender unless it is satisfied-
 
 
    (a) that he is dependent on or has a propensity to misuse drugs; and
 
    (b) that his dependency or propensity is such as requires and may be susceptible to treatment.
      (6) For the purpose of ascertaining for the purposes of subsection (5) above whether the offender has any drug in his body, the court may by order require him to provide samples of such description as it may specify; but the court shall not make such an order unless the offender expresses his willingness to comply with its requirements.
 
      (7) The Secretary of State may by order amend subsection (2) above by substituting a different period for the minimum or maximum period for the time being specified in that subsection.
 
 
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Prepared 12 June 1998