Criminal Justice and Court Services Bill - continued        House of Commons
PART III, DEALING WITH OFFENDERS - continued
Life sentences - continued

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Abolition of sentences of detention in a young offender institution and custody for life.     55. - (1) No court is to pass a sentence of detention in a young offender institution or a sentence of custody for life.
 
      (2) A person who-
 
 
    (a) has been sentenced (before the coming into force of this section) to a term of detention in a young offender institution or to custody for life, and
 
    (b) is aged under 21,
       may be detained in a young offender institution, or in a prison, determined by the Secretary of State.
 
      (3) A person who has been sentenced to imprisonment and is aged under 21 may be detained-
 
 
    (a) in a prison, or
 
    (b) in a young offender institution in which one or more persons mentioned in subsection (2) are detained,
       determined by the Secretary of State.
 
      (4) A determination of the Secretary of State under this section may be made in respect of an individual or any description of individuals.
 
      (5) The repeal by this Act of section 106(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (interaction of sentences of detention in a young offender institution) does not affect the validity of any order made, or having effect as if made, under paragraph (b) of that subsection.
 
 
Conditions or requirements of release of prisoners
Release on licence etc: conditions as to monitoring.     56. - (1) This section applies where a sentence of imprisonment has been imposed on a person and, by virtue of any enactment-
 
 
    (a) the Secretary of State is required to, or may, release the person from prison, and
 
    (b) the release is required to be, or may be, subject to conditions (whether conditions of a licence or any other conditions).
      (2) The conditions may include-
 
 
    (a) conditions for securing the electronic monitoring of his compliance with any other conditions of his release,
 
    (b) conditions for securing the electronic monitoring of his whereabouts (otherwise than for the purpose of securing his compliance with other conditions of his release).
      (3) In relation to a prisoner released under section 34A(3) of the Criminal Justice Act 1991 (power to release short-term prisoners on licence) the monitoring referred to in subsection (2)(a) does not include the monitoring of his compliance with conditions imposed under section 37A of that Act (curfew conditions).
 
      (4) The Secretary of State may make rules about the conditions that may be imposed by virtue of this section.
 
      (5) References in this section to release include temporary release.
 
Supervision of young offenders after release.     57. - (1) Section 65 of the Criminal Justice Act 1991 is amended as follows.
 
      (2) After subsection (5) there is inserted-
 
 
    "(5A) The requirements that may be specified in a notice under subsection (5) above include-
 
 
    (a) requirements for securing the electronic monitoring of the person's compliance with any other requirements specified in the notice;
 
    (b) requirements for securing the electronic monitoring of his whereabouts (otherwise than for the purpose of securing his compliance with requirements specified in the notice);
 
    (c) in the circumstances mentioned in subsection (5B) below, requirements to provide, when instructed to do so by an officer of a local board or a person authorised by the Secretary of State, any sample mentioned in the instruction for the purpose of ascertaining whether the person has any specified Class A drug in his body.
      (5B) The circumstances referred to in subsection (5A)(c) above are that-
 
 
    (a) the person has attained the age of 18 years;
 
    (b) his term of detention was imposed for a trigger offence; and
 
    (c) the requirements to provide samples are being imposed for the purpose of determining whether he is complying with any other requirements specified in the notice.
      (5C) Requirements imposed by virtue of subsection (5A) above shall not have effect on or after the day on which the person would (but for his release) have served his term in full.
 
      (5D) The function of giving such an instruction as is mentioned in subsection (5A)(c) above shall be exercised in accordance with guidance given from time to time by the Secretary of State; and the Secretary of State may make rules about the requirements that may be imposed by virtue of subsection (5A) above and the provision of samples in pursuance of such an instruction."
 
      (3) After subsection (8) there is inserted-
 
 
    "(9) The power to make rules under this section-
 
 
    (a) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament;
 
    (b) shall include power to make different provision for different cases or classes of case.
      (10) In this section, "specified Class A drug" and "trigger offence" have the same meanings as in Part III of the Criminal Justice and Court Services Act 2000."
 
Release on licence etc: drug testing requirements.     58. - (1) This section applies where-
 
 
    (a) the Secretary of State releases from prison a person on whom a sentence of imprisonment has been imposed for a trigger offence, and
 
    (b) the release is subject to conditions (whether conditions of a licence or any other conditions).
      (2) For the purpose of determining whether the person is complying with any of the conditions, they may include the following requirement.
 
      (3) The requirement is that the person must provide, when instructed to do so by an officer of a local board or a person authorised by the Secretary of State, any sample mentioned in the instruction for the purpose of ascertaining whether he has any specified Class A drug in his body.
 
      (4) The function of giving such an instruction is to be exercised in accordance with guidance given from time to time by the Secretary of State; and regulations may regulate the provision of samples in pursuance of such an instruction.
 
      (5) References in this section to release include temporary release.
 
 
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