(120-124)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  120  )

(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

law of Northern Ireland;

(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

Northern Ireland;

(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

2 and 3 are omitted.”
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)

and (3) are omitted.”
434
Page 317, line 25, at end insert—

“93B
After section 106 there is inserted—

(  121  )

“106A
  Interaction with sentences of detention

(1)
In this section—


“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)

or (5) of section 102.

(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

(  122  )

detention and training order, have directed his release under that

section.

(7)
Subject to subsection (9) below, where at any time an offender is

subject concurrently—

(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

detention.

(8)
Those provisions are—

(a)
sections 102 to 105 above,

(b)
section 92 above and section 226 of the 2003 Act (place of

detention, etc.), and

(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

follows.

110   (1)
Section 62”
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

(2)—

(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

2003).”
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

Justice Act 2003”.”
439
Page 329, line 3, at end insert—

“111B(1)
Section 62 (release on licence etc: conditions as to monitoring) is

amended as follows.

      (2)
For subsection (3) there is substituted—

(  123  )

“(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

Act (curfew condition).”

      (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

(j) there is inserted—

“(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,”.”

(  124  )

Schedule 28
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

responsible officer.”
444
Page 338, line 6, leave out from “under” to “are” in line 7 and insert “sub-paragraph

(2)(a) above”
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

the offender, and

(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)”
Schedule 29
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

months.”
Schedule 30
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

paragraph;”
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

is inserted—