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(b) the court considers— | |
(i) that there is a significant risk to members of the public of serious | |
harm occasioned by the commission by the offender of further | |
specified offences, and | |
(ii) where the specified offence is a serious offence, that the case is | 5 |
not one in which the court is required by section 208(2) to | |
impose a sentence of detention for life under section 91 of the | |
Sentencing Act or by section 208(3) to impose a sentence of | |
detention for public protection. | |
(2) The court must impose on the offender an extended sentence of detention, that | 10 |
is to say, a sentence of detention the term of which is equal to the aggregate | |
of— | |
(a) the appropriate custodial term, and | |
(b) a further period (“the extension period”) for which the offender is to be | |
subject to a licence and which is of such length as the court considers | 15 |
necessary for the purpose of protecting members of the public from | |
serious harm occasioned by the commission by him of further specified | |
offences. | |
(3) In subsection (2) “the appropriate custodial term” means such term as the court | |
considers appropriate, which— | 20 |
(a) must be at least 12 months, and | |
(b) must not exceed the maximum term of imprisonment permitted for the | |
offence in the case of a person aged 18 or over. | |
(4) The extension period must not exceed— | |
(a) five years in the case of a specified violent offence, and | 25 |
(b) eight years in the case of a specified sexual offence. | |
(5) The term of an extended sentence of detention passed under this section in | |
respect of an offence must not exceed the maximum term of imprisonment | |
permitted for the offence in the case of a person aged 18 or over. | |
211 The assessment of dangerousness | 30 |
(1) This section applies where— | |
(a) a person has been convicted of a specified offence, and | |
(b) it falls to a court to assess under any of sections 207 to 210 whether there | |
is a significant risk to members of the public of serious harm occasioned | |
by the commission by him of further such offences. | 35 |
(2) If at the time when that offence was committed the offender had not been | |
convicted in any part of the United Kingdom of any relevant offence or was | |
aged under 18, the court in making the assessment referred to in subsection | |
(1)(b)— | |
(a) must take into account all such information as is available to it about | 40 |
the nature and circumstances of the offence, | |
(b) may take into account any information which is before it about any | |
pattern of behaviour of which the offence forms part, and | |
(c) may take into account any information about the offender which is | |
before it. | 45 |
(3) If at the time when that offence was committed the offender was aged 18 or | |
over and had been convicted in any part of the United Kingdom of one or more | |
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(3) relevant offences, the court must assume that there is such a risk as is | |
mentioned in subsection (1)(b) unless, after taking into account— | |
(a) all such information as is available to it about the nature and | |
circumstances of each of the offences, | |
(b) where appropriate, any information which is before it about any | 5 |
pattern of behaviour of which any of the offences forms part, and | |
(c) any information about the offender which is before it, | |
the court considers that it would be unreasonable to conclude that there is such | |
a risk. | |
(4) In this Chapter “relevant offence” means— | 10 |
(a) an offence committed in England and Wales that is a specified offence, | |
(b) an offence committed in Scotland that is specified in Schedule 13, | |
(c) an offence committed in Northern Ireland that is specified in Schedule | |
14, or | |
(d) an offence that— | 15 |
(i) is specified in Schedule 12, 13 or 14, and | |
(ii) is constituted by an act or omission outside the United | |
Kingdom. | |
212 Imprisonment or detention for public protection: release on licence | |
Schedule 15 (release of prisoners serving sentences of imprisonment or | 20 |
detention for public protection) shall have effect. | |
213 Appeals where previous convictions set aside | |
(1) This section applies where— | |
(a) a sentence has been imposed on any person under section 207 or 209, | |
and | 25 |
(b) any previous conviction of his without which the court would not have | |
been required to make the assumption mentioned in section 211(3) has | |
been subsequently set aside on appeal. | |
(2) Notwithstanding anything in section 18 of the Criminal Appeal Act 1968 | |
(c. 19), notice of appeal against the sentence may be given at any time within | 30 |
28 days from the date on which the previous conviction was set aside. | |
214 Certificates of convictions for purposes of section 211 | |
Where— | |
(a) on any date after the commencement of this section a person is | |
convicted in England and Wales of a relevant offence, and | 35 |
(b) the court by or before which he is so convicted states in open court that | |
he has been convicted of such an offence on that date, and | |
(c) that court subsequently certifies that fact, | |
that certificate shall be evidence, for the purposes of section 211, that he was | |
convicted of such an offence on that date. | 40 |
215 Offences under service law | |
Where— | |
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(a) a person has at any time been convicted of an offence under section 70 | |
of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 70 of the Air Force Act | |
1955 (3 & 4 Eliz. 2 c. 19) or section 42 of the Naval Discipline Act 1957 | |
(c. 53), and | |
(b) the corresponding civil offence (within the meaning of that Act) was a | 5 |
relevant offence, | |
section 211 shall have effect as if he had at that time been convicted in England | |
and Wales of the corresponding civil offence. | |
216 Determination of day when offence committed | |
Where an offence is found to have been committed over a period of two or | 10 |
more days, or at some time during a period of two or more days, it shall be | |
taken for the purposes of section 211 to have been committed on the last of | |
those days. | |
217 Detention under ss. 208 and 210 | |
A person sentenced to be detained under section 208 or 210 is liable to be | 15 |
detained in such place, and under such conditions, as may be determined by | |
the Secretary of State or by such other person as may be authorised by him for | |
the purpose. | |
218 Conversion of sentences of detention into sentences of imprisonment | |
For section 99 of the Sentencing Act (conversion of sentence of detention and | 20 |
custody into sentence of imprisonment) there is substituted— | |
“Conversion of sentence of detention to sentence of imprisonment | |
99 Conversion of sentence of detention to sentence of imprisonment | |
(1) Subject to the following provisions of this section, where an offender | |
has been sentenced by a relevant sentence of detention to a term of | 25 |
detention and either— | |
(a) he has attained the age of 21, or | |
(b) he has attained the age of 18 and has been reported to the | |
Secretary of State by the board of visitors of the institution in | |
which he is detained as exercising a bad influence on the other | 30 |
inmates of the institution or as behaving in a disruptive manner | |
to the detriment of those inmates, | |
the Secretary of State may direct that he shall be treated as if he had | |
been sentenced to imprisonment for the same term. | |
(2) Where the Secretary of State gives a direction under subsection (1) | 35 |
above in relation to an offender, the portion of the term of detention | |
imposed under the relevant sentence of detention which he has already | |
served shall be deemed to have been a portion of a term of | |
imprisonment. | |
(3) Where the Secretary of State gives a direction under subsection (1) | 40 |
above in relation to an offender serving a sentence of detention for | |
public protection under section 208 of the Criminal Justice Act 2003 the | |
offender shall be treated as if he had been sentenced under section 207 | |
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(3) of that Act; and where the Secretary of State gives such a direction in | |
relation to an offender serving an extended sentence of detention under | |
section 210 of that Act the offender shall be treated as if he had been | |
sentenced under section 209 of that Act. | |
(4) Rules under section 47 of the Prison Act 1952 may provide that any | 5 |
award for an offence against discipline made in respect of an offender | |
serving a relevant sentence of detention shall continue to have effect | |
after a direction under subsection (1) has been given in relation to him. | |
(5) In this section “relevant sentence of detention” means— | |
(a) a sentence of detention under section 90 or 91 above, | 10 |
(b) a sentence of detention for public protection under section 208 | |
of the Criminal Justice Act 2003, or | |
(c) an extended sentence of detention under section 210 of that | |
Act.” | |
Chapter 6 | 15 |
Release on licence of fixed-term prisoners | |
Preliminary | |
219 Meaning of “fixed-term prisoner” | |
(1) In this Chapter “fixed-term prisoner” means— | |
(a) a person serving a sentence of imprisonment for a determinate term, or | 20 |
(b) a person serving a determinate sentence of detention under section 91 | |
of the Sentencing Act or under section 210 of this Act. | |
(2) In this Chapter, unless the context otherwise requires, “prisoner” includes a | |
person serving a sentence falling within subsection (1)(b); and “prison” | |
includes any place where a person serving such a sentence is liable to be | 25 |
detained. | |
Power of court to recommend licence conditions | |
220 Power of court to recommend licence conditions for certain prisoners | |
(1) A court which sentences an offender to a term of imprisonment of twelve | |
months or more in respect of any offence may, when passing sentence, | 30 |
recommend to the Secretary of State particular conditions which in its view | |
should be included in any licence granted to the offender under this Chapter | |
on his release from prison. | |
(2) In exercising his powers under section 231(4)(b) in respect of an offender, the | |
Secretary of State must have regard to any recommendation under subsection | 35 |
(1). | |
(3) A recommendation under subsection (1) is not to be treated for any purpose as | |
part of the sentence passed on the offender. | |
(4) This section does not apply in relation to a sentence of detention under section | |
91 of the Sentencing Act or section 210 of this Act. | 40 |
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