(101-106)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  101  )


An offence under section 3 of that Act (assisting a non-UK person to

mutilate overseas a girl’s genitalia).”
377
Page 259, line 11, leave out paragraph 66
378
Page 260, line 19, at end insert—

“87A
An offence under Article 20 of the Criminal Justice (Northern Ireland)

Order 2003 (S.I. 2003/1247 (N.I. 13)) (assault with intent to commit

buggery).

87B
An offence under Article 21 of that Order (indecent assault on a male).”
379
Page 260, line 19, at end insert—


“An offence under section 16 of the Sexual Offences Act 2003 (meeting a

child following sexual grooming etc.).


An offence under section 17 of that Act (abuse of position of trust: sexual

activity with a child).


An offence under section 18 of that Act (abuse of position of trust:

causing or inciting a child to engage in sexual activity).


An offence under section 19 of that Act (abuse of position of trust: sexual

activity in the presence of a child).


An offence under section 20 of that Act (abuse of position of trust:

causing a child to watch a sexual act).


An offence under section 48 of that Act (paying for sexual services of a

child).


An offence under section 49 of that Act (causing or inciting child

prostitution or pornography).


An offence under section 50 of that Act (controlling a child prostitute or

a child involved in pornography).


An offence under section 51 of that Act (arranging or facilitating child

prostitution or pornography).


An offence under section 53 of that Act (causing or inciting prostitution

for gain).


An offence under section 54 of that Act (controlling prostitution for

gain).


An offence under section 57 of that Act (trafficking into the UK for sexual

exploitation).


An offence under section 58 of that Act (trafficking within the UK for

sexual exploitation).


An offence under section 59 of that Act (trafficking out of the UK for

sexual exploitation).


An offence under section 67 of that Act (exposure).


An offence under section 68 of that Act (voyeurism).


An offence under section 70 of that Act (intercourse with an animal).


An offence under section 71 of that Act (sexual penetration of a corpse).”

(  102  )

Before Schedule 17
380
Insert the following new Schedule—

“Prisoners liable to removal from United kingdom: modifications of

criminal Justice Act 1991

1
In this Schedule “the 1991 Act” means the Criminal Justice Act 1991

(c. 53).

2
In section 42 of the 1991 Act (additional days for disciplinary offences),

in subsection (2) before the word “and” at the end of paragraph (a) there

is inserted—

“(aa)
any period which he must serve before he can be

removed under section 46A below;”.

3     (1)
In section 46 of the 1991 Act (persons liable to removal from the United

Kingdom) in subsection (3) after paragraph (d) there is inserted “or

(e)
he is liable to removal under section 10 of the

Immigration and Asylum Act 1999”.

      (2)
Sub-paragraph (1) does not apply to any prisoner whose sentence relates

to an offence committed before the commencement of this Schedule.

4
After section 46 of the 1991 Act there is inserted—

“46A
Early removal of persons liable to removal from United Kingdom

(1)
Subject to subsection (2) below, where a short-term or long-term

prisoner is liable to removal from the United Kingdom, the

(  103  )

Secretary of State may under this section remove him from

prison at any time after he has served the requisite period.

(2)
Subsection (1) above does not apply where—

(a)
the sentence is an extended sentence within the meaning

of section 85 of the Powers of Criminal Courts

(Sentencing) Act 2000,

(b)
the sentence is for an offence under section 1 of the

Prisoners (Return to Custody) Act 1995,

(c)
the prisoner is subject to a hospital order, hospital

direction or transfer direction under section 37, 45A or 47

of the Mental Health Act 1983,

(d)
the prisoner is subject to the notification requirements of

Part 2 of the Sexual Offences Act 2003, or

(e)
the interval between—

(i)
the date on which the prisoner will have served

the requisite period for the term of the sentence,

and

(ii)
the date on which he will have served one-half of

the sentence,


is less than 14 days.

(3)
A prisoner removed from prison under this section—

(a)
is so removed only for the purpose of enabling the

Secretary of State to remove him from the United

Kingdom under powers conferred by—

(i)
Schedule 2 or 3 to the Immigration Act 1971, or

(ii)
section 10 of the Immigration and Asylum Act

1999, and

(b)
so long as remaining in the United Kingdom, remains

liable to be detained in pursuance of his sentence until he

falls to be released under section 33 or 35 above.

(4)
So long as a prisoner removed from prison under this section

remains in the United Kingdom but has not been returned to

(  104  )

prison, any duty or power of the Secretary of State under section

33, 35 or 36 is exercisable in relation to him as if he were in prison.

(5)
In this section “the requisite period” means—

(a)
for a term of three months or more but less than four

months, a period of 30 days;

(b)
for a term of four months or more but less than 18

months, a period equal to one-quarter of the term;

(c)
for a term of 18 months or more, a period that is 135 days

less than one-half of the term.

(6)
The Secretary of State may by order made by statutory

instrument—

(a)
amend the definition of “the requisite period” in

subsection (5) above,

(b)
make such transitional provision as appears to him

necessary or expedient in connection with the

amendment.

(7)
No order shall be made under subsection (6) above unless a draft

of the order has been laid before and approved by a resolution of

each House of Parliament.

(8)
In relation to any time before the commencement of sections 80

and 81 of the Sexual Offences Act 2003, the reference in

subsection (2)(d) above to Part 2 of that Act is to be read as a

reference to Part 1 of the Sex Offenders Act 1997.

46B
Re-entry into United Kingdom of offender removed early from

prison

(1)
This section applies in relation to a person who, after being

removed from prison under section 46A above, has been

removed from the United Kingdom before he has served one-

half of his sentence.

(2)
If a person to whom this section applies enters the United

Kingdom at any time before his sentence expiry date he is liable

to be detained in pursuance of his sentence from the time of his

entry into the United Kingdom until whichever is the earlier of

the following—

(a)
the end of a period (“the further custodial period”)

beginning with that time and equal in length to the

outstanding custodial period, and

(b)
his sentence expiry date.

(3)
A person who is liable to be detained by virtue of subsection (2)

above is, if at large, to be taken for the purposes of section 49 of

the Prison Act 1952 (c. 52) (persons unlawfully at large) to be

unlawfully at large.

(4)
Subsection (2) above does not prevent the further removal from

the United Kingdom of a person falling within that subsection.

(5)
Where, in the case of a person returned to prison by virtue of

subsection (2) above, the further custodial period ends before the

sentence expiry date, subsections (1) and (2) of section 33 above

(  105  )

apply in relation to him as if any reference to one-half or two-

thirds of the prisoner’s sentence were a reference to the further

custodial period.

(6)
If a person returned to prison by virtue of subsection (2) above

falls by virtue of subsection (5) above to be released on licence

under section 33(1) or (2) above after the date on which (but for

his removal from the United Kingdom) he would have served

three-quarters of his sentence, section 37(1) above has effect in

relation to him as if for the reference to three-quarters of his

sentence there were substituted a reference to the whole of his

sentence.

(7)
If a person who is released on licence under section 33(1) or (2)

above at the end of the further custodial period is recalled to

prison under section 39(1) or (2) above, section 33A(3) above

shall not apply, but it shall be the duty of the Secretary of State—

(a)
if the person is recalled before the date on which (but for

his removal from the United Kingdom) he would have

served three-quarters of his sentence, to release him on

licence on that date, and

(b)
if he is recalled after that date, to release him on the

sentence expiry date.

(8)
A licence granted by virtue of subsection (7)(a) above shall

remain in force until the sentence expiry date.

(9)
In this section—


“further custodial period” has the meaning given by

subsection (2)(a) above;


“outstanding custodial period”, in relation to a person to

whom this section applies, means the period beginning

with the date on which he was removed from the United

Kingdom and ending with the date on which (but for his

removal) he would have served one-half of his sentence;


“sentence expiry date”, in relation to a person to whom this

section applies, means the date on which (but for his

removal from the United Kingdom) he would have

served the whole of this sentence.”
Schedule 17
381
Page 265, line 11, leave out from “orientation” to end of line 14 and insert “if it is

committed in circumstances falling within subsection (2)(a)(i) or (b)(i) of section

(Increase in sentence for offence aggravated by disability or sexual orientation).”
Schedule 18
382
Page 267, line 10, leave out “a mandatory life sentence” and insert “one or more

mandatory life sentences”
383
Page 267, line 11, at end insert “(whether or not he is also serving any other

sentence)”
384
Page 267, leave out lines 12 to 14 and insert—

(  106  )


““life sentence” means a sentence of imprisonment for life or

custody for life passed in England and Wales or by a court-

martial outside England and Wales;


“mandatory life sentence” means a life sentence passed in

circumstances where the sentence was fixed by law.”

385
Page 267, line 16, after “who” insert “in respect of any mandatory life sentence”
386
Page 267, line 23, after “must” insert “in relation to the mandatory life sentence”
387
Page 267, line 33, after “prisoner” insert “in respect of the sentence”
388
Page 268, line 20, after “who” insert “in respect of any mandatory life sentence”
389
Page 268, line 25, at end insert “in relation to the mandatory life sentence”
390
Page 270, line 13, leave out paragraph 16 and insert—

“16   (1)
In relation to an existing prisoner, section 28 of the Crime (Sentences) Act

1997 (c. 43) has effect subject to the following modifications.

      (2)
Any reference to a life prisoner in respect of whom a minimum term

order has been made includes a reference to—

(a)
an existing prisoner in respect of whom an order under

paragraph 3(1)(a) has been made, and

(b)
an existing prisoner serving a sentence in respect of which

paragraph 3(3) applies.

      (3)
Any reference to the relevant part of the sentence is to be read—

(a)
in relation to a sentence in respect of which an order under

paragraph 3(1)(a) has been made, as a reference to the part

specified in the order, and

(b)
in relation to a sentence in respect of which paragraph 3(3)

applies, as a reference to the notified minimum term as defined

by paragraph 3(4).

      (4)
In subsection (1B) (life prisoner serving two or more sentences),

paragraph (a) is to be read as if it referred to each of the sentences being

one—

(a)
in respect of which a minimum term order or an order under

paragraph 3(1)(a) has been made, or

(b)
in respect of which paragraph 3(3) applies.

16A
In section 34(1) of the Crime (Sentences) Act 1997 (c. 43) (interpretation

of Chapter 2 of that Act), in the definition of “life prisoner”, the reference

to a transferred prisoner as defined by section 258 of this Act includes a

reference to an existing prisoner who immediately before the

commencement date is a transferred life prisoner for the purposes of

section 33 of that Act.”
Schedule 21
391
Page 284, line 4, at end insert—

“Magistrates’ Courts Act 1980 (c. 43)

74A
An offence under section 84(3) of the Magistrates’ Courts Act 1980

(making of false statement as to means).”