|
|
|
|
| (detention and training orders) or sections 31 to |
|
| 34 of this Act (life sentences) shall apply to him |
|
| in place of the corresponding provisions of the |
|
| |
| (aa) | sections 62 and 64 of the Criminal Justice and |
|
| Court Services Act 2000 (which relate to licence |
|
| conditions) shall apply to him in place of the |
|
| corresponding provisions of the law of |
|
| |
| (ab) | where a custody plus order or intermittent |
|
| custody order has effect in relation to him, the |
|
| provisions of Chapters 3 and 4 of Part 12 of the |
|
| 2003 Act relating to such orders shall apply to |
|
| him (subject to Schedule (Transfer of custody plus |
|
| orders and intermittent custody orders to Scotland |
|
| or Northern Ireland) to that Act); and”, |
|
| (c) | for sub-paragraphs (5) to (7) there is substituted— |
|
| “(5) | Section 31(2A) of this Act (conditions as to supervision after release), as |
|
| applied by sub-paragraph (2) or (4) above, shall have effect as if for |
|
| paragraphs (a) to (c) there were substituted the words “a probation |
|
| appointed for or assigned to the petty sessions district within which the |
|
| |
| (5) | In paragraph 15 (unrestricted transfers: general provisions), sub- |
|
| paragraph (5) is omitted.” |
|
428 | Page 313, line 45, at end insert— |
|
| “68C | In Schedule 2 (repatriation of prisoners to the British Islands) paragraphs |
|
| |
429 | Page 314, line 2, leave out paragraph 69 |
|
430 | Page 316, line 37, at end insert— |
|
| “ | In section 76 (meaning of custodial sentence), in subsection (1) after |
|
| paragraph (b) there is inserted— |
|
| “(bb) | a sentence of detention for public protection under |
|
| section 217 of the Criminal Justice Act 2003; |
|
| (bc) | a sentence of detention under section 219 of that Act;”.” |
|
431 | Page 316, line 39, leave out sub-paragraph (2) |
|
432 | Page 317, line 22, at beginning insert “the court is of the opinion” |
|
433 | Page 317, line 25, at end insert— |
|
| “93A | In section 106 (interaction of detention and training orders with |
|
| sentences of detention in a young offender institution), subsections (2) |
|
| |
434 | Page 317, line 25, at end insert— |
|
| “93B | After section 106 there is inserted— |
|
|
|
|
|
| “106A | Interaction with sentences of detention |
|
| |
| | “the 2003 Act” means the Criminal Justice Act 2003; |
|
| | “sentence of detention” means— |
|
| (a) | a sentence of detention under section 91 above, or |
|
| (b) | a sentence of detention under section 219 of the |
|
| 2003 Act (extended sentence for certain violent or |
|
| sexual offences: persons under 18). |
|
| (2) | Where a court passes a sentence of detention in the case of an |
|
| offender who is subject to a detention and training order, the |
|
| sentence shall take effect as follows— |
|
| (a) | if the offender has at any time been released by virtue of |
|
| subsection (2), (3), (4) or (5) of section 102 above, at the |
|
| beginning of the day on which the sentence is passed, and |
|
| (b) | if not, either as mentioned in paragraph (a) above or, if |
|
| the court so orders, at the time when the offender would |
|
| otherwise be released by virtue of subsection (2), (3), (4) |
|
| |
| (3) | Where a court makes a detention and training order in the case of |
|
| an offender who is subject to a sentence of detention, the order |
|
| shall take effect as follows— |
|
| (a) | if the offender has at any time been released under |
|
| Chapter 6 of Part 12 of the 2003 Act (release on licence of |
|
| fixed-term prisoners), at the beginning of the day on |
|
| which the order is made, and |
|
| (b) | if not, either as mentioned in paragraph (a) above or, if |
|
| the court so orders, at the time when the offender would |
|
| otherwise be released under that Chapter. |
|
| (4) | Where an order under section 102(5) above is made in the case of |
|
| a person in respect of whom a sentence of detention is to take |
|
| effect as mentioned in subsection (2)(b) above, the order is to be |
|
| expressed as an order that the period of detention attributable to |
|
| the detention and training order is to end at the time determined |
|
| under section 102(5)(a) or (b) above. |
|
| (5) | In determining for the purposes of subsection (3)(b) the time |
|
| when an offender would otherwise be released under Chapter 6 |
|
| of Part 12 of the 2003 Act, section 236 of that Act (power of |
|
| Secretary of State to release prisoners on licence before he is |
|
| required to do so) is to be disregarded. |
|
| (6) | Where by virtue of subsection (3)(b) above a detention and |
|
| training order made in the case of a person who is subject to a |
|
| sentence of detention under section 219 of the 2003 Act is to take |
|
| effect at the time when he would otherwise be released under |
|
| Chapter 6 of Part 12 of that Act, any direction by the Parole Board |
|
| under subsection (2)(b) of section 237 of that Act in respect of him |
|
| is to be expressed as a direction that the Board would, but for the |
|
|
|
|
|
| detention and training order, have directed his release under that |
|
| |
| (7) | Subject to subsection (9) below, where at any time an offender is |
|
| |
| (a) | to a detention and training order, and |
|
| (b) | to a sentence of detention, |
|
| he shall be treated for the purposes of the provisions specified in |
|
| subsection (8) below as if he were subject only to the sentence of |
|
| |
| (8) | Those provisions are— |
|
| (a) | sections 102 to 105 above, |
|
| (b) | section 92 above and section 226 of the 2003 Act (place of |
|
| |
| (c) | Chapter 6 of Part 12 of the 2003 Act. |
|
| (9) | Nothing in subsection (7) above shall require the offender to be |
|
| released in respect of either the order or the sentence unless and |
|
| until he is required to be released in respect of each of them.” |
|
435 | Page 328, line 39, leave out from beginning to “(loss” and insert— |
|
| “109A | The Child Support, Pensions and Social Security Act 2000 is amended as |
|
| |
| |
436 | Page 329, line 1, at end insert— |
|
| “110A | In section 64 (information provision), in subsection (6)(a), after |
|
| “community orders” there is inserted “(as defined by section 170 of the |
|
| Criminal Justice Act 2003)”.” |
|
437 | Page 329, line 3, at end insert— |
|
| “111A | In section 1 (purposes of Chapter 1 of Part 1 of the Act), in subsection |
|
| |
| (a) | in paragraph (a), after “community orders” there is inserted “(as |
|
| defined by section 170 of the Criminal Justice Act 2003)”, and |
|
| (b) | after paragraph (c) there is inserted— |
|
| “(d) | giving effect to suspended sentence orders (as |
|
| defined by section 181 of the Criminal Justice Act |
|
| |
438 | Page 329, line 3, at end insert— |
|
| “ ( ) | In section 42 (interpretation of Part 2), in subsection (2)(a), for “section |
|
| 119 of the Powers of Criminal Court (Sentencing) Act 2000” there is |
|
| substituted “paragraph 8(2)(a) or (b) of Schedule 11 of the Criminal |
|
| |
439 | Page 329, line 3, at end insert— |
|
| “111B(1) | Section 62 (release on licence etc: conditions as to monitoring) is |
|
| |
| (2) | For subsection (3) there is substituted— |
|
|
|
|
|
| “(3) | In relation to a prisoner released under section 236 of the |
|
| Criminal Justice Act 2003 (power to release prisoners on licence |
|
| before required to do so), the monitoring referred to in |
|
| subsection (2)(a) does not include the monitoring of his |
|
| compliance with conditions imposed under section 242 of that |
|
| |
| (3) | In subsection (5) after paragraph (e) there is inserted “, and |
|
| (f) | a sentence of detention under section 217 or 219 of the |
|
| Criminal Justice Act 2003”.” |
|
440 | Page 329, line 31, at end insert— |
|
| “Sexual Offences Act 2003 |
|
| 116A | The Sexual Offences Act 2003 is amended as follows. |
|
| 116B | In section 131 (application of Part 2 to young offenders), after paragraph |
|
| |
| “(k) | a sentence of detention for public protection under |
|
| section 217 of the Criminal Justice Act 2003, |
|
| (l) | an extended sentence under section 219 of that Act,”. |
|
| 116C | In section 133 (general interpretation), at the end of paragraph (a) of the |
|
| definition of “community order” there is inserted “(as that Act had effect |
|
| before the passing of the Criminal Justice Act 2003)”.” |
|
441 | Page 331, line 4, at end insert— |
|
| “Army Act 1955 (3 & 4 Eliz. 2 c. 18) |
|
| | In section 61 of the Army Act 1955, for the words from “the like” to |
|
| “section nineteen of this Act” there is substituted “dismissal from Her |
|
| Majesty’s service with or without disgrace, to detention for a term not |
|
| exceeding three months,”. |
|
| Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) |
|
| | In section 61 of the Air Force Act 1955, for the words from “the like” to |
|
| “section nineteen of this Act” there is substituted “dismissal from Her |
|
| Majesty’s service with or without disgrace, to detention for a term not |
|
| exceeding three months,”. |
|
| Naval Discipline Act 1957 (c. 53) |
|
| | In section 34A of the Naval Discipline Act 1957, for the words |
|
| “imprisonment for a term not exceeding three months” there is |
|
| substituted “dismissal from Her Majesty’s service with or without |
|
| disgrace, detention for a term not exceeding three months,”.” |
|
442 | Page 331, line 17, at end insert— |
|
| “Reserve Forces Act 1996 (c. 14) |
|
| | In paragraph 5(3) of Schedule 1 to the Reserve Forces Act 1996, for the |
|
| words “imprisonment for a term not exceeding three months” there is |
|
| substituted “dismissal from Her Majesty’s service with or without |
|
| disgrace, to detention for a term not exceeding 3 months,”.” |
|
|
|
|
|
|
443 | Page 338, leave out lines 4 and 5 and insert— |
|
| “(2) | A parenting order is an order which requires the parent— |
|
| (a) | to comply, for a period not exceeding twelve months, with such |
|
| requirements as are specified in the order, and |
|
| (b) | subject to sub-paragraph (3A) below, to attend, for a concurrent |
|
| period not exceeding three months, such counselling or guidance |
|
| programme as may be specified in directions given by the |
|
| |
444 | Page 338, line 6, leave out from “under” to “are” in line 7 and insert “sub-paragraph |
|
| |
445 | Page 338, line 9, at end insert— |
|
| “(3A) | A parenting order under this paragraph may, but need not, include a |
|
| requirement mentioned in subsection (2)(b) above in any case where a |
|
| parenting order under this paragraph or any other enactment has been |
|
| made in respect of the parent on a previous occasion. |
|
| (3B) | A counselling or guidance programme which a parent is required to |
|
| attend by virtue of subsection (2)(b) above may be or include a |
|
| residential course but only if the court is satisfied— |
|
| (a) | that the attendance of the parent at a residential course is likely |
|
| to be more effective than his attendance at a non-residential |
|
| course in preventing the commission of any further offence by |
|
| |
| (b) | that any interference with family life which is likely to result |
|
| from the attendance of the parent at a residential course is |
|
| proportionate in all the circumstances.” |
|
446 | Page 338, line 14, leave out “, (5)” |
|
|
447 | Page 343, line 14, at end insert— |
|
| “(5) | In relation to an offence committed before the commencement of |
|
| section 266(5) of the Criminal Justice Act 2003, the reference in |
|
| subsection (4) to 51 weeks is to be read as a reference to 6 |
|
| |
|
448 | Page 344, line 9, at end insert— |
|
| “(da) | as respects the references in paragraph 9AB of Part 1 of this |
|
| Schedule, bail granted before the coming into force of that |
|
| |
449 | Page 345, line 41, leave out paragraph 11 |
|
450 | Page 347, line 17, at end insert— |
|
| “Crime (International Co-operation) Act 2003 |
|
| 16A | After section 4 of the Crime (International Co-operation) Act 2003 there |
|
| |
|