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| Curfew condition to be included in licence. |
92. - (1) After section 37 of the 1991 Act there shall be inserted the following section-
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| "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-
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(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 |
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(b) includes requirements for securing the electronic monitoring of his whereabouts during the periods for the time being so specified. |
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(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).
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(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.
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(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.
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(5) The power conferred by subsection (4) above-
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(a) shall be exercisable by statutory instrument; and |
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(b) shall include power to make different provision for different cases or classes of case or for different areas. |
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(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.
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(7) In this section "approved probation hostel" has the same meaning as in the Probation Service Act 1993."
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(2) Immediately before section 39 of the 1991 Act there shall be inserted the following section-
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| "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-
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(a) that he has failed to comply with the curfew condition; |
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(b) that his whereabouts can no longer be electronically monitored at the place for the time being specified in that condition; or |
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(c) that it is necessary to do so in order to protect the public from serious harm from him, |
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the Secretary of State may revoke the licence and recall the person to prison.
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(2) A person whose licence under section 34A(3) above is revoked under this section-
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(a) may make representations in writing with respect to the revocation; |
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(b) on his return to prison, shall be informed of the reasons for the revocation and of his right to make representations. |
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(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.
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(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.
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(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.
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(6) In this section "the curfew condition" has the same meaning as in section 37A above."
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| Recall to prison of short-term prisoners. |
93. - (1) This section has effect for the purpose of securing that, subject to section 92(2) above, the circumstances in which prisoners released on licence under Part II of the 1991 Act may be recalled to prison are the same for short-term prisoners as for long-term prisoners.
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(2) Section 38 of the 1991 Act (breach of licence conditions by short-term prisoners) shall cease to have effect.
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(3) In subsection (1) of section 39 of the 1991 Act (recall of long-term prisoners while on licence), after the words "in the case of a" there shall be inserted the words "short-term or".
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| Release on licence following recall to prison. |
94. - (1) In subsection (3) of section 33 of the 1991 Act (duty to release short-term and long-term prisoners), for the word "unconditionally" there shall be substituted the words "on licence".
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(2) After subsection (1) of section 37 of that Act (duration and conditions of licences) there shall be inserted the following subsection-
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"(1A) Where a prisoner is released on licence under section 33(3) above, subsection (1) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to the whole of that sentence."
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| Release on licence following return to prison. |
95. After section 40 of the 1991 Act there shall be inserted the following section-
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| "Release on licence following return to prison. |
40A. - (1) This section applies (in place of sections 33, 33A, 37(1) and 39 above) where a court passes on a person a sentence of imprisonment which-
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(a) includes, or consists of, an order under section 40 above; and |
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(b) is for a term of twelve months or less. |
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(2) As soon as the person has served one-half of the sentence, it shall be the duty of the Secretary of State to release him on licence.
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(3) Where the person is so released, the licence shall remain in force for a period of three months.
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(4) If the person fails to comply with such conditions as may for the time being be specified in the licence, he shall be liable on summary conviction-
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(a) to a fine not exceeding level 3 on the standard scale; or |
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(b) to a sentence of imprisonment for a term not exceeding the relevant period, |
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but not liable to be dealt with in any other way.
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(5) In subsection (4) above "the relevant period" means a period which is equal in length to the period between the date on which the failure occurred or began and the date of the expiry of the licence.
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(6) As soon as a person has served one-half of a sentence passed under subsection (4) above, it shall be the duty of the Secretary of State to release him, subject to the licence if it is still subsisting."
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Miscellaneous |
| Pre-consolidation amendments. |
96. The enactments mentioned in Schedule 7 to this Act shall have effect subject to the amendments there specified, being amendments designed to facilitate, or otherwise desirable in connection with, the consolidation of certain enactments relating to the powers of courts to deal with offenders or defaulters.
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| Amendments to Chapter I of Part II of 1997 Act. |
97. - (1) Chapter I of Part II of the 1997 Act (which relates to the effect of determinate custodial sentences) shall be amended as follows.
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(2) Sections 8 and 10 to 27 are hereby repealed.
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(3) After subsection (7) of section 9 (crediting of periods of remand in custody) there shall be inserted the following subsection-
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"(7A) Such rules may make such incidental, supplemental and consequential provisions as may appear to the Secretary of State to be necessary or expedient."
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(4) After subsection (10) of that section there shall be inserted the following subsections-
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"(11) In this section "sentence of imprisonment" does not include a committal-
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(a) in default of payment of any sum of money other than one adjudged to be paid by a conviction; |
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(b) for want of sufficient distress to satisfy any sum of money; or |
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(c) for failure to do or abstain from doing anything required to be done or left undone; |
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and cognate expressions shall be construed accordingly.
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(12) For the purposes of any reference in this section, however expressed, to the term of imprisonment to which a person has been or could be sentenced, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term."
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(5) After that section there shall be inserted the following section-
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| "Provision supplementary to section 9. |
9A. - (1) Section 9 above applies to-
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(a) a sentence of detention in a young offender institution; and |
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(b) a determinate sentence of detention under section 53 of the Children and Young Persons Act 1933 ("the 1933 Act"), |
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as it applies to an equivalent sentence of imprisonment.
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(2) Section 9 above applies to-
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(a) persons remanded or committed to local authority accommodation under section 23 of the Children and Young Persons Act 1969 ("the 1969 Act") and placed and kept in secure accommodation; and |
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(b) persons remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the Mental Health Act 1983 ("the 1983 Act"), |
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as it applies to persons remanded in or committed to custody by an order of a court.
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(3) In this section "secure accommodation" has the same meaning as in section 23 of the 1969 Act."
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