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Criminal Justice Bill


Criminal Justice Bill
Schedule 14 — Release of prisoners serving sentences of imprisonment or detention for public protection

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              (c)             attempting to commit an offence so specified.

Schedule 14

Section 210

 

Release of prisoners serving sentences of imprisonment or detention for public

protection

Release on licence

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  1       (1)      Section 31 of the Crime (Sentences) Act 1997 (c. 43) (duration and conditions

of licences for life prisoners), is amended as follows.

          (2)      In subsection (1) (licence to remain in force until death), after “life prisoner”

there is inserted “, other than a prisoner to whom section 31A below

applies,”.

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          (3)      After that subsection there is inserted—

              “(1A)                Where a prisoner to whom section 31A below above applies is

released on licence, the licence shall remain in force until his death

unless—

                    (a)                   it is previously revoked under section 32(1) or (2) below; or

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                    (b)                   it ceases to have effect in accordance with an order made by

the Secretary of State under section 31A below.”

  2        After that section there is inserted—

       “31A            Imprisonment or detention for public protection: termination of

licences

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              (1)             This section applies to a prisoner who—

                    (a)                   is serving one or more preventive sentences, and

                    (b)                   is not serving any other life sentence.

              (2)             Where—

                    (a)                   the prisoner has been released on licence under this Chapter;

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and

                    (b)                   the qualifying period has expired,

                              the Secretary of State shall, if directed to do so by the Parole Board,

order that the licence is to cease to have effect.

              (3)             Where—

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                    (a)                   the prisoner has been released on licence under this Chapter;

                    (b)                   the qualifying period has expired; and

                    (c)                   if he has made a previous application under this subsection,

a period of at least twelve months has expired since the

disposal of that application,

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                              the prisoner may make an application to the Parole Board under this

subsection.

              (4)             Where an application is made under subsection (3) above, the Parole

Board—

 

 

Criminal Justice Bill
Schedule 15 — The Parole Board: supplementary provisions

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                    (a)                   shall, if it is satisfied that it is no longer necessary for the

protection of the public that the licence should remain in

force, direct the Secretary of State to make an order that the

licence is to cease to have effect;

                    (b)                   shall otherwise dismiss the application.

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              (5)             In this section—

                                      “preventive sentence” means a sentence of imprisonment for

public protection under section 205 of the Criminal Justice

Act 2003 or a sentence of detention for public protection

under section 206 of that Act;

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                                       “the qualifying period”, in relation to a prisoner who has been

released on licence, means the period of ten years beginning

with the date of his release.”

  3        In section 34(2) of that Act (meaning of “life sentence”), after paragraph (c)

there is inserted

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                    “(d)                      a sentence of imprisonment for public protection under

section 205 of the Criminal Justice Act 2003, and

                    (e)                      a sentence of detention for public protection under section

206 of that Act.”

Determination of tariffs

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  4        In section 82A of the Sentencing Act (determination of tariffs) after

subsection (4) there is inserted—

              “(4A)                No order under subsection (4) above may be made where the life

sentence is—

                    (a)                   a sentence of imprisonment for public protection under

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section 205 of the Criminal Justice Act 2003, or

                    (b)                   a sentence of detention for public protection under section

206 of that Act.”

Schedule 15

Section 219(7)

 

The Parole Board: supplementary provisions

30

Status and Capacity

  1       (1)      The Board is not to be regarded as the servant or agent of the Crown or as

enjoying any status, immunity or privilege of the Crown; and the Board’s

property is not to be regarded as property of, or held on behalf of, the

Crown.

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          (2)      It is within the capacity of the Board as a statutory corporation to do such

things and enter into such transactions as are incidental to or conducive to

the discharge of—

              (a)             its functions under Chapter 6 of Part 12 in respect of fixed-term

prisoners, and

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Criminal Justice Bill
Schedule 15 — The Parole Board: supplementary provisions

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              (b)             its functions under Chapter 2 of Part 2 of the Crime (Sentences) Act

1997 (c. 43) in relation to life prisoners within the meaning of that

Chapter.

Membership

  2       (1)      The Board is to consist of a chairman and not less than four other members

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appointed by the Secretary of State.

          (2)      The Board must include among its members—

              (a)             a person who holds or has held judicial office;

              (b)             a registered medical practitioner who is a psychiatrist;

              (c)             a person appearing to the Secretary of State to have knowledge and

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experience of the supervision or after-care of discharged prisoners;

and

              (d)             a person appearing to the Secretary of State to have made a study of

the causes of delinquency or the treatment of offenders.

          (3)      A member of the Board—

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              (a)             holds and vacates office in accordance with the terms of his

appointment;

              (b)             may resign his office by notice in writing addressed to the Secretary

of State;

                            and a person who ceases to hold office as a member of the Board is eligible

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for re-appointment.

Payments to members

  3       (1)      The Board may pay to each member such remuneration and allowances as

the Secretary of State may determine.

          (2)      The Board may pay or make provision for paying to or in respect of any

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member such sums by way of pension, allowances or gratuities as the

Secretary of State may determine.

          (3)      If a person ceases to be a member otherwise than on the expiry of his term of

office and it appears to the Secretary of State that there are special

circumstances that make it right that he should receive compensation, the

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Secretary of State may direct the Board to make to that person a payment of

such amount as the Secretary of State may determine.

          (4)      A determination or direction of the Secretary of State under this paragraph

requires the approval of the Treasury.

Proceedings

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  4       (1)      Subject to the provisions of section 219(5), the arrangements relating to

meetings of the Board are to be such as the Board may determine.

          (2)      The arrangements may provide for the discharge, under the general

direction of the Board, of any of the Board’s functions by a committee or by

one or more of the members or employees of the Board.

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          (3)      The validity of the proceedings of the Board are not to be affected by any

vacancy among the members or by any defect in the appointment of a

member.

 

 

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Schedule 15 — The Parole Board: supplementary provisions

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Staff

  5       (1)      The Board may appoint such number of employees as it may determine.

          (2)      The remuneration and other conditions of service of the persons appointed

under this paragraph are to be determined by the Board.

          (3)      Any determination under sub-paragraph (1) or (2) requires the approval of

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the Secretary of State given with the consent of the Treasury.

          (4)      The Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57) shall not

require insurance to be effected by the Board.

  6       (1)      Employment with the Board shall continue to be included among the kinds

of employment to which a scheme under section 1 of the Superannuation

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Act 1972 (c. 11) can apply, and accordingly in Schedule 1 to that Act (in

which those kinds of employment are listed) at the end of the list of Other

Bodies there shall continue to be inserted—

               “Parole Board.”.

          (2)      The Board shall pay to the Treasury, at such times as the Treasury may

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direct, such sums as the Treasury may determine in respect of the increase

attributable to this paragraph in the sums payable under the

Superannuation Act 1972 (c. 11) out of money provided by Parliament.

Financial provisions

  7       (1)      The Secretary of State shall pay to the Board—

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              (a)             any expenses incurred or to be incurred by the Board by virtue of

paragraph 3 or 5; and

              (b)             with the consent of the Treasury, such sums as he thinks fit for

enabling the Board to meet other expenses.

          (2)      Any sums required by the Secretary of State for making payments under

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sub-paragraph (1) are to be paid out of money provided by Parliament.

Authentication of Board’s seal

  8        The application of the seal of the Board is to be authenticated by the

signature of the Chairman or some other person authorised for the purpose.

Presumption of authenticity of documents issued by Board

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  9        Any document purporting to be an instrument issued by the Board and to

be duly executed under the seal of the Board or to be signed on behalf of the

Board shall be received in evidence and shall be deemed to be such an

instrument unless the contrary is shown.

Accounts and audit

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  10      (1)      It is the duty of the Board—

              (a)             to keep proper accounts and proper records in relation to the

accounts;

              (b)             to prepare in respect of each financial year a statement of accounts in

such form as the Secretary of State may direct with the approval of

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the Treasury; and

 

 

Criminal Justice Bill
Schedule 16 — Deferment of sentence

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              (c)             to send copies of each such statement to the Secretary of State and the

Comptroller and Auditor General not later than 31st August next

following the end of the financial year to which the statement relates.

          (2)      The Comptroller and Auditor General shall examine, certify and report on

each statement of accounts sent to him by the Board and shall lay a copy of

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every such statement and of his report before each House of Parliament.

          (3)      In this paragraph and paragraph 11 “financial year” means a period of 12

months ending with 31st March.

Reports

  11       The Board must as soon as practicable after the end of each financial year

10

make to the Secretary of State a report on the performance of its functions

during the year; and the Secretary of State must lay a copy of the report

before each House of Parliament.

Schedule 16

Section 242

 

Deferment of sentence

15

  1        For sections 1 and 2 of the Sentencing Act (deferment of sentence) there is

substituted—

“Deferment of sentence

       1            Deferment of sentence

              (1)             The Crown Court or a magistrates’ court may defer passing sentence

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on an offender for the purpose of enabling the court, or any other

court to which it falls to deal with him, to have regard in dealing with

him to—

                    (a)                   his conduct after conviction (including, where appropriate,

the making by him of reparation for his offence); or

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                    (b)                   any change in his circumstances;

            but this is subject to subsections (3) and (4) below.

              (2)             Without prejudice to the generality of subsection (1) above, the

matters to which the court to which it falls to deal with the offender

may have regard by virtue of paragraph (a) of that subsection

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include the extent to which the offender has complied with any

requirements imposed under subsection (3)(b) below.

              (3)             The power conferred by subsection (1) above shall be exercisable

only if—

                    (a)                   the offender consents;

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                    (b)                   the offender undertakes to comply with any requirements as

to his conduct during the period of the deferment that the

court considers it appropriate to impose; and

                    (c)                   the court is satisfied, having regard to the nature of the

offence and the character and circumstances of the offender,

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Schedule 16 — Deferment of sentence

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                    (c)                   that it would be in the interests of justice to exercise the

power.

              (4)             Any deferment under this section shall be until such date as may be

specified by the court, not being more than six months after the date

on which the deferment is announced by the court; and, subject to

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section 1D(3) below, where the passing of sentence has been deferred

under this section it shall not be further so deferred.

              (5)             Where a court has under this section deferred passing sentence on an

offender, it shall forthwith give a copy of the order deferring the

passing of sentence and setting out any requirements imposed under

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subsection (3)(b) above—

                    (a)                   to the offender,

                    (b)                   where an officer of a local probation board has been

appointed to act as a supervisor in relation to him, to that

board, and

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                    (c)                   where a person has been appointed under section 1A(2)(b)

below to act as a supervisor in relation to him, to that person.

              (6)             Notwithstanding any enactment, a court which under this section

defers passing sentence on an offender shall not on the same

occasion remand him.

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              (7)             Where—

                    (a)                   a court which under this section has deferred passing

sentence on an offender proposes to deal with him on the

date originally specified by the court, or

                    (b)                   the offender does not appear on the day so specified,

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                              the court may issue a summons requiring him to appear before the

court at a time and place specified in the summons, or may issue a

warrant to arrest him and bring him before the court at a time and

place specified in the warrant.

              (8)             Nothing in this section or sections 1A to 1D below shall affect—

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                    (a)                   the power of the Crown Court to bind over an offender to

come up for judgment when called upon; or

                    (b)                   the power of any court to defer passing sentence for any

purpose for which it may lawfully do so apart from this

section.

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       1A            Further provision about undertakings

              (1)             Without prejudice to the generality of paragraph (b) of section 1(3)

above, the requirements that may be imposed by virtue of that

paragraph include requirements as to the residence of the offender

during the whole or any part of the period of deferment.

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              (2)             Where an offender has undertaken to comply with any requirements

imposed under section 1(3)(b) above the court may appoint—

                    (a)                   an officer of a local probation board, or

                    (b)                   any other person whom the court thinks appropriate,

                              to act as a supervisor in relation to him.

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Schedule 16 — Deferment of sentence

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              (3)             A person shall not be appointed under subsection (2)(b) above

without his consent.

              (4)             It shall be the duty of a supervisor appointed under subsection (2)

above—

                    (a)                   to monitor the offender’s compliance with the requirements;

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and

                    (b)                   to provide the court to which it falls to deal with the offender

in respect of the offence in question with such information as

the court may require relating to the offender’s compliance

with the requirements.

10

       1B            Breach of undertakings

              (1)             A court which under section 1 above has deferred passing sentence

on an offender may deal with him before the end of the period of

deferment if—

                    (a)                   he appears or is brought before the court under subsection (3)

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below; and

                    (b)                   the court is satisfied that he has failed to comply with one or

more requirements imposed under section 1(3)(b) above in

connection with the deferment.

              (2)             Subsection (3) below applies where—

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                    (a)                   a court has under section 1 above deferred passing sentence

on an offender;

                    (b)                   the offender undertook to comply with one or more

requirements imposed under section 1(3)(b) above in

connection with the deferment; and

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                    (c)                   a person appointed under section 1A(2) above to act as a

supervisor in relation to the offender has reported to the

court that the offender has failed to comply with one or more

of those requirements.

              (3)             Where this subsection applies, the court may issue—

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                    (a)                   a summons requiring the offender to appear before the court

at a time and place specified in the summons; or

                    (b)                   a warrant to arrest him and bring him before the court at a

time and place specified in the warrant.

       1C            Conviction of offence during period of deferment

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              (1)             A court which under section 1 above has deferred passing sentence

on an offender may deal with him before the end of the period of

deferment if during that period he is convicted in Great Britain of

any offence.

              (2)             Subsection (3) below applies where a court has under section 1 above

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deferred passing sentence on an offender in respect of one or more

offences and during the period of deferment the offender is

convicted in England and Wales of any offence (“the later offence”).

              (3)             Where this subsection applies, then (without prejudice to subsection

(1) above and whether or not the offender is sentenced for the later

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