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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 | 5 |
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,”. | 10 |
(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 | 15 |
(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 | 20 |
(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; | 25 |
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— | 30 |
(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, | 35 |
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— | |
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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. | 5 |
(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; | 10 |
“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 | 15 |
“(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 | 20 |
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 | 25 |
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. | 35 |
(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 | 40 |
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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 | 5 |
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 | 10 |
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— | 15 |
(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 | 20 |
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 | 25 |
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 | 30 |
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 | 35 |
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. | 40 |
(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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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 | 5 |
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 | 10 |
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 | 15 |
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— | 20 |
(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 | 25 |
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 | 30 |
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 | 35 |
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 | 40 |
the Treasury; and | |
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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 | 5 |
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 | 20 |
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 | 25 |
(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 | 30 |
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; | 35 |
(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, | 40 |
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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 | 5 |
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 | 10 |
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 | 15 |
(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. | 20 |
(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, | 25 |
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— | 30 |
(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. | 35 |
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. | 40 |
(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. | 45 |
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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; | 5 |
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) | 15 |
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— | 20 |
(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 | 25 |
(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— | 30 |
(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 | 35 |
(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 | 40 |
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 | 45 |
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