Crime and Disorder Bill [H.L.]

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

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PART V

MISCELLANEOUS AND SUPPLEMENTAL

Remands and committals

Remands and committals of children and young persons.

95. - (1) In subsection (4) of section 23 of the 1969 Act (remands and committals to local authority accommodation), for the words "Subject to subsection (5) below," there shall be substituted the words "Subject to subsections (5) and (5A) below,".

(2) In subsection (5) of that section, for the words "a young person who has attained the age of fifteen" there shall be substituted the words "a child who has attained the age of twelve, or a young person, who (in either case) is of a prescribed description".

(3) After that subsection there shall be inserted the following subsection-

	"(5A) A court shall not impose a security requirement in respect of a child or young person who is not legally represented in the court unless-
	(a) he applied for legal aid and the application was refused on the ground that it did not appear his means were such that he required assistance; or
	(b) having been informed of his right to apply for legal aid and had the opportunity to do so, he refused or failed to apply."

(4) In subsection (12) of that section, after the definition of "imprisonable offence" there shall be inserted the following definition-

""prescribed description" means a description prescribed by reference to age or sex or both by an order of the Secretary of State;".

(5) Section 20 of the 1994 Act (which has not been brought into force and is superseded by this section) is hereby repealed.

Remands and committals: alternative provision for 15 or 16 year old boys.

96. - (1) Section 23 of the 1969 Act shall have effect with the modifications specified in subsections (2) to (6) below in relation to any male person who-

(a) is of the age of 15 or 16; and

(b) is not of a description prescribed for the purposes of subsection (5) of that section.

(2) In subsection (1), immediately before the words "the remand" there shall be inserted the words "then, unless he is remanded to a remand centre or a prison in pursuance of subsection (4)(b) or (c) below,".

(3) For subsections (4) to (5A) there shall be substituted the following subsections-

	"(4) Where a court, after consultation with a probation officer, a social worker of a local authority social services department or a member of a youth offending team, declares a person to be one to whom subsection (5) below applies-
	(a) it shall remand him to local authority accommodation and require him to be placed and kept in secure accommodation, if-
	(i) it also, after such consultation, declares him to be a person to whom subsection (5A) below applies; and
	(ii) it has been notified that secure accommodation is available for him;
	(b) it shall remand him to a remand centre, if paragraph (a) above does not apply and it has been notified that such a centre is available for the reception from the court of persons to whom subsection (5) below applies; and
	(c) it shall remand him to a prison, if neither paragraph (a) nor paragraph (b) above applies.
	(4A) A court shall not declare a person who is not legally represented in the court to be a person to whom subsection (5) below applies unless-
	(a) he applied for legal aid and the application was refused on the ground that it did not appear his means were such that he required assistance; or
	(b) having been informed of his right to apply for legal aid and had the opportunity to do so, he refused or failed to apply.
	(5) This subsection applies to a person who-
	(a) is charged with or has been convicted of a violent or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; or
	(b) has a recent history of absconding while remanded to local authority accommodation, and is charged with or has been convicted of an imprisonable offence alleged or found to have been committed while he was so remanded,
	if (in either case) the court is of opinion that only remanding him to a remand centre or prison, or to local authority accommodation with a requirement that he be placed and kept in secure accommodation, would be adequate to protect the public from serious harm from him.
	(5A) This subsection applies to a person if the court is of opinion that, by reason of his physical or emotional immaturity or a propensity of his to harm himself, it would be undesirable for him to be remanded to a remand centre or a prison."

(4) In subsection (6)-

(a) for the words "imposes a security requirement in respect of a young person" there shall be substituted the words "declares a person to be one to whom subsection (5) above applies"; and

(b) for the words "subsection (5) above" there shall be substituted the words "that subsection".

(5) In subsection (7), after the words "a security requirement" there shall be inserted the words "(that is to say, a requirement imposed under subsection (4)(a) above that the person be placed and kept in secure accommodation)".

(6) After subsection (9) there shall be inserted the following subsection-

"(9A) Where a person is remanded to local authority accommodation without the imposition of a security requirement, a relevant court may, on the application of the designated authority, declare him to be a person to whom subsection (5) above applies; and on its doing so, subsection (4) above shall apply."

(7) Section 62 of the 1991 Act (which is superseded by this section) shall cease to have effect.

Release and recall of prisoners

Power to release short-term prisoners on licence.

97. Immediately before section 35 of the 1991 Act there shall be inserted the following section-

"Power to release short-term prisoners on licence.	34A. - (1) Subject to subsection (2) below, subsection (3) below applies where a short-term prisoner aged 18 or over is serving a sentence of imprisonment for a term of three months or more.
	(2) Subsection (3) below does not apply where-
	(a) the sentence is an extended sentence within the meaning of section 58 of the Crime and Disorder Act 1998;
	(b) the sentence is for an offence under section 1 of the Prisoners (Return to Custody) Act 1995;
	(c) the sentence was imposed under paragraph 3(1)(d) or 4(1)(d) of Schedule 2 to this Act in a case where the prisoner had failed to comply with a requirement of a curfew order;
	(d) the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the Mental Health Act 1983;
	(e) the prisoner is liable to removal from the United Kingdom for the purposes of section 46 below;
	(f) the prisoner has been released on licence under this section at any time and has been recalled to prison under section 38A(1)(a) below;
	(g) the prisoner has been released on licence under this section or section 36 below during the currency of the sentence, and has been recalled to prison under section 39(1) or (2) below;
	(h) the prisoner has been returned to prison under section 40 below at any time; or
	(j) the interval between-
	(i) the date on which the prisoner will have served the requisite period for the term of the sentence; and
	(ii) the date on which he will have served one-half of the sentence,
	is less than 14 days.
	(3) After the prisoner has served the requisite period for the term of his sentence, the Secretary of State may, subject to section 37A below, release him on licence.
	(4) In this section "the requisite period" means-
	(a) for a term of three months or more but less than four months, a period of 30 days;
	(b) for a term of four months or more but less than eight months, a period equal to one-quarter of the term;
	(c) for a term of eight months or more, a period that is 60 days less than one-half of the term.
	(5) The Secretary of State may by order made by statutory instrument-
	(a) repeal the words "aged 18 or over" in subsection (1) above;
	(b) amend the definition of "the requisite period" in subsection (4) above; and
	(c) make such transitional provision as appears to him necessary or expedient in connection with the repeal or amendment.
	(6) No order shall be made under subsection (5) above unless a draft of the order has been laid before and approved by a resolution of each House of Parliament."

Curfew condition to be included in licence.

98. - (1) After section 37 of the 1991 Act there shall be inserted the following section-

"Curfew condition to be included in licence under section 34A.	37A. - (1) A person shall not be released under section 34A(3) above unless the licence includes a condition ("the curfew condition") which-
	(a) requires the released person to remain, for periods for the time being specified in the condition, at a place for the time being so specified (which may be an approved probation hostel); and
	(b) includes requirements for securing the electronic monitoring of his whereabouts during the periods for the time being so specified.
	(2) The curfew condition may specify different places or different periods for different days, but shall not specify periods which amount to less than 9 hours in any one day (excluding for this purpose the first and last days of the period for which the condition is in force).
	(3) The curfew condition shall remain in force until the date when the released person would (but for his release) have served one-half of his sentence.
	(4) The curfew condition shall include provision for making a person responsible for monitoring the released person's whereabouts during the periods for the time being specified in the condition; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.
	(5) The power conferred by subsection (4) above-
	(a) shall be exercisable by statutory instrument; and
	(b) shall include power to make different provision for different cases or classes of case or for different areas.
	(6) Nothing in this section shall be taken to require the Secretary of State to ensure that arrangements are made for the electronic monitoring of released persons' whereabouts in any particular part of England and Wales.
	(7) In this section "approved probation hostel" has the same meaning as in the Probation Service Act 1993."

(2) Immediately before section 39 of the 1991 Act there shall be inserted the following section-

"Breach of curfew condition.	38A. - (1) If it appears to the Secretary of State, as regards a person released on licence under section 34A(3) above-
	(a) that he has failed to comply with the curfew condition;
	(b) that his whereabouts can no longer be electronically monitored at the place for the time being specified in that condition; or
	(c) that it is necessary to do so in order to protect the public from serious harm from him,
	the Secretary of State may, if the curfew condition is still in force, revoke the licence and recall the person to prison.
	(2) A person whose licence under section 34A(3) above is revoked under this section-
	(a) may make representations in writing with respect to the revocation;
	(b) on his return to prison, shall be informed of the reasons for the revocation and of his right to make representations.
	(3) The Secretary of State, after considering any representations made under subsection (2)(b) above or any other matters, may cancel a revocation under this section.
	(4) Where the revocation of a person's licence is cancelled under subsection (3) above, the person shall be treated for the purposes of sections 34A(2)(f) and 37(1B) above as if he had not been recalled to prison under this section.
	(5) On the revocation under this section of a person's licence under section 34A(3) above, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.
	(6) In this section "the curfew condition" has the same meaning as in section 37A above."

Early release: two or more sentences.

99. - (1) For subsection (2) of section 51 of the 1991 Act (interpretation of Part II) there shall be substituted the following subsections-

	"(2) For the purposes of any reference in this Part, however expressed, to the term of imprisonment to which a person has been sentenced or which, or part of which, he has served, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term if-
	(a) the sentences were passed on the same occasion; or
	(b) where they were passed on different occasions, the person has not been released under this Part at any time during the period beginning with the first and ending with the last of those occasions.
	(2A) Where a person has been sentenced to two or more terms of imprisonment which are wholly or partly concurrent and do not fall to be treated as a single term-
	(a) nothing in this Part shall require the Secretary of State to release him in respect of any of the terms unless and until the Secretary of State is required to release him in respect of each of the others;
	(b) nothing in this Part shall require the Secretary of State or the Board to consider his release in respect of any of the terms unless and until the Secretary of State or the Board is required to consider his release, or the Secretary of State is required to release him, in respect of each of the others;
	(c) on and after his release under this Part he shall be on licence for so long, and subject to such conditions, as is required by this Part in respect of any of the sentences; and
	(d) the date mentioned in section 40(1) above shall be taken to be that on which he would (but for his release) have served each of the sentences in full.
	(2B) Where a person has been sentenced to one or more terms of imprisonment and to one or more life sentences (within the meaning of section 34 of the Crime (Sentences) Act 1997), nothing in this Part shall-
	(a) require the Secretary of State to release the person in respect of any of the terms unless and until the Secretary of State is required to release him in respect of each of the life sentences; or
	(b) require the Secretary of State or the Board to consider the person's release in respect of any of the terms unless and until the Secretary of State or the Board is required to consider his release in respect of each of the life sentences.
	(2C) Subsections (2A) and (2B) above shall have effect as if the term of an extended sentence (within the meaning of section 58 of the Crime and Disorder Act 1998) included the extension period (within the meaning of that section)."

(2) After subsection (3) of section 34 of the 1997 Act (interpretation of Chapter II) there shall be inserted the following subsection-

"(4) Where a person has been sentenced to one or more life sentences and to one or more terms of imprisonment, nothing in this Chapter shall require the Secretary of State to release the person in respect of any of the life sentences unless and until the Secretary of State is required to release him in respect of each of the terms."

Prepared 12 June 1998