(36-42)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  36  )

Clause 207
165
Page 123, line 21, leave out “periods” and insert “period”
Clause 212
166
Page 125, line 22, leave out “community” and insert “relevant”
Clause 216
167
Page 127, line 7, leave out from “a” to end of line 9 and insert “substantial risk of

his committing further specified offences involving a significant risk of serious

harm to members of the public”
Clause 220
168
Page 130, leave out lines 13 to 20 and insert—

“(a)
a specified offence,

(b)
an offence specified in Schedule 13 (offences under the law of

Scotland), or

(c)
an offence specified in Schedule 14 (offences under the law of

Northern Ireland).”
Clause 230
169
Page 133, line 6, leave out “Part” and insert “Chapter”
170
Page 133, line 7, leave out “Part” and insert “Chapter”
Clause 234
171
Page 136, line 14, after “a” insert “designated”
Clause 235
172
Page 136, line 33, leave out from “(1)” to end of line 35 and insert “is subject to

section (Restrictions on operation of section 235(1) in relation to intermittent custody

prisoners)”
173
Page 136, line 39, at end insert “(where that sentence is less than four years), or two-

thirds of his sentence (in any other case)”
After Clause 235
174
Insert the following new Clause—

“Restrictions on operation of section 235(1) in relation to intermittent custody

prisoners

(1)
Where an intermittent custody prisoner returns to custody after being

unlawfully at large within the meaning of section 49 of the Prison Act 1952

(c. 52) at any time during the currency of his sentence, section 235(1) does

not apply until—

(a)
the relevant time (as defined in subsection (2)), or

(  37  )

(b)
if earlier, the date on which he has served in prison the number of

custodial days required by the intermittent custody order.

(2)
In subsection (1)(a) “the relevant time” means—

(a)
in a case where, within the period of 72 hours beginning with the

return to custody of the intermittent custody prisoner, the Secretary

of State or the responsible officer has applied to the court for the

amendment of the intermittent custody order under paragraph

6(1)(b) of Schedule 9, the date on which the application is

withdrawn or determined, and

(b)
in any other case, the end of that 72 hour period.

(3)
Section 235(1) does not apply in relation to an intermittent custody prisoner

at any time after he has been recalled under section 243, unless after his

recall the Board has directed his further release on licence.”
Clause 236
175
Page 137, line 5, leave out “aged 18 or over”
176
Page 137, line 6, leave out “a prisoner serving a sentence of intermittent custody”

and insert “an intermittent custody prisoner”
177
Page 137, line 9, leave out “a prisoner serving a sentence of intermittent custody”

and insert “an intermittent custody prisoner”
178
Page 137, line 13, leave out “8” and insert “6”
179
Page 137, line 15, leave out “6” and insert “4”
180
Page 137, line 16, leave out “three-quarters” and insert “one-half”
181
Page 137, line 18, leave out “56” and insert “42”
182
Page 137, line 20, leave out “42” and insert “28”
183
Page 137, line 21, leave out “three-quarters” and insert “one-half”
184
Page 137, line 32, leave out “Part 1 of the Sex Offenders Act 1997 (c. 51)” and insert

“Part 2 of the Sexual Offences Act 2003”
185
Page 137, line 34, at end insert—

“(ff)
the prisoner has been released on licence under this section during

the currency of the sentence, and has been recalled to prison under

section 244(1)(a),”
186
Page 137, line 44, leave out subsection (5)
187
Page 138, line 11, leave out paragraph (a)
188
Page 138, line 19, leave out “a person serving a sentence of intermittent custody”

and insert “an intermittent custody prisoner”
Clause 239
189
Page 139, line 20, leave out from “Where” to “is” in line 21 and insert “an

intermittent custody prisoner”

(  38  )

Clause 240
190
Page 139, line 37, after “(6)” insert “and section (Licence conditions on re-release of

prisoner serving sentence of less than 12 months)”
191
Page 140, line 1, after “include” insert—

“(i)”
192
Page 140, line 5, at end insert “and

(ii)
such other conditions of a kind prescribed for the purposes

of this paragraph as the Secretary of State may for the time

being consider to be necessary for the protection of the

public and specify in the licence.”
193
Page 140, line 31, leave out from “licence” to end of line 32 and insert “at any time

while a curfew condition required by section 242 is in force”
After Clause 240
194
Insert the following new Clause—

“Licence conditions on re-release of prisoner serving sentence of less than 12

months

(1)
In relation to any licence under this Chapter which is granted to a prisoner

serving one or more sentences of imprisonment of less than twelve months

and no sentence of twelve months or more on his release in pursuance of a

decision of the Board under section 243 or 245, subsections (2) and (3) apply

instead of section 240(2).

(2)
The licence—

(a)
must include the standard conditions, and

(b)
may include—

(i)
any condition authorised by section 62 or 64 of the Criminal

Justice and Court Services Act 2000 (c. 43), and

(ii)
such other conditions of a kind prescribed by the Secretary

of State for the purposes of section 240(4)(b)(ii) as the

Secretary of State may for the time being specify in the

licence.

(3)
In exercising his powers under subsection (2)(b)(ii), the Secretary of State

must have regard to the terms of the relevant court order.

(4)
In this section “the standard conditions” has the same meaning as in section

240.”
Clause 243
195
Page 141, line 42, at end insert—

“(4A)
In the case of an intermittent custody prisoner who has not yet served in

prison the number of custodial days specified in the intermittent custody

order, any recommendation by the Board as to immediate release on

licence is to be a recommendation as to his release on licence until the end

(  39  )

of one of the licence periods specified by virtue of section 176(1)(b) in the

intermittent custody order.”
Clause 246
196
Page 143, line 15, after “Chapter” insert—

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

prison under section (Early removal of prisoners liable to removal from

United Kingdom),”
After Clause 247
197
Insert the following new Clause—


“Persons liable to removal from the United Kingdom

For the purposes of this Chapter a person is liable to removal from the

United Kingdom if—

(a)
he is liable to deportation under section 3(5) of the Immigration Act

1971 (c. 77) and has been notified of a decision to make a

deportation order against him,

(b)
he is liable to deportation under section 3(6) of that Act,

(c)
he has been notified of a decision to refuse him leave to enter the

United Kingdom,

(d)
he is an illegal entrant within the meaning of section 33(1) of that

Act, or

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

Asylum Act 1999 (c. 33).”
198
Insert the following new Clause—


“Early removal of prisoners liable to removal from United Kingdom

(1)
Subject to subsections (2) and (3), where a fixed-term prisoner is liable to

removal from the United Kingdom, the Secretary of State may remove him

from prison under this section at any time during the period of 135 days

ending with the day on which the prisoner will have served the requisite

custodial period.

(2)
Subsection (1) does not apply in relation to a prisoner unless—

(a)
the length of the requisite custodial period is at least 6 weeks, and

(b)
he has served—

(i)
at least 4 weeks of his sentence, and

(ii)
at least one-half of the requisite custodial period.

(3)
Subsection (1) does not apply where—

(a)
the sentence is imposed under section 218 or 219,

(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

(  40  )

(e)
in the case of a prisoner to whom a direction under section 231

relates, the interval between the date on which the sentence was

passed and the date on which the prisoner will have served the

requisite custodial period is less than 14 days.

(4)
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 (c. 77), or

(ii)
section 10 of the Immigration and Asylum Act 1999 (c. 33),

and

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

detained in pursuance of his sentence until he has served the

requisite custodial period.

(5)
So long as a prisoner removed from prison under this section remains in

the United Kingdom but has not been returned to prison, any duty or

power of the Secretary of State under section 235 or 238 is exercisable in

relation to him as if he were in prison.

(6)
The Secretary of State may by order—

(a)
amend the number of days for the time being specified in

subsection (1) or (3)(e),

(b)
amend the number of weeks for the time being specified in

subsection (2)(a) or (b)(i), and

(c)
amend the fraction for the time being specified in subsection

(2)(b)(ii).

(7)
In this section “the requisite custodial period” has the meaning given by

paragraph (a), (b) or (d) of section 235(3).”
199
Insert the following new Clause—


“Re-entry into United Kingdom of offender removed from prison early

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

prison under section (Early removal of prisoners liable to removal from United

Kingdom), has been removed from the United Kingdom before he has

served the requisite custodial period.

(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.

(  41  )

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

the further custodial period ends before the sentence expiry date, section

235 has effect in relation to him as if the reference to the requisite custodial

period were a reference to the further custodial period.

(6)
In this section—


“further custodial period” has the meaning given by subsection (2)(a);


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

section applies, means the period beginning with the date of his

removal from the United Kingdom and ending with the date on

which he would, but for his removal, have served the requisite

custodial period;


“requisite custodial period”, has the meaning given by paragraph (a),

(b) or (d) of section 235(3);

“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 ceased to be subject to a licence.”
200
Insert the following new Clause—


“Prisoners liable to removal from United Kingdom: modifications of

Criminal Justice Act 1991

Part 2 of the Criminal Justice Act 1991 (c. 53) (early release of prisoners)

shall (until the coming into force of its repeal by this Act) have effect subject

to the modifications set out in Schedule (Prisoners liable to removal from UK:

modifications of Criminal Justice Act 1991) (which relate to persons liable to

removal from the United Kingdom).”
Clause 253
201
Page 146, line 36, at end insert—


““intermittent custody prisoner” means a prisoner serving a sentence

of imprisonment to which an intermittent custody order relates;”
Clause 254
202
Page 147, line 29, at end insert—

“( )
Before making an order under subsection (6), the Secretary of State shall

consult the Sentencing Guidelines Council.”
203
Page 147, line 29, at end insert—

“( )
This section does not apply if the offender was under 18 when he

committed the offence.”
Clause 256
204
Page 148, line 2, at end insert—

(  42  )

“(2)
In section 8 of the Courts-Martial (Appeals) Act 1968 (c. 20) (right of appeal

from court-martial to Courts-Martial Appeal Court) after subsection (1)

there is inserted—

“(1ZA)
In subsection (1) above, the reference to a sentence fixed by law

does not include a reference to an order made under subsection (2)

or (4) of section 254 of the Criminal Justice Act 2003 in relation to a

life sentence (as defined in section 262 of that Act) that is fixed by

law.”.”
Clause 257
205
Page 148, line 12, at end insert—

“(2)
Each of the following sections (which relate to the review by the Courts-

Martial Appeal Court of sentences passed by courts-martial)—

(a)
section 113C of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),

(b)
section 113C of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), and

(c)
section 71AC of the Naval Discipline Act 1957 (c. 53),


is amended as follows.

(3)
After subsection (3) there is inserted—

“(3A)
Where a reference under this section relates to an order under

subsection (2) of section 254 of the Criminal Justice Act 2003

(determination of minimum term in relation to mandatory life

sentence), the Courts-Martial Appeal Court shall not, in deciding

what order under that section is appropriate for the case, make any

allowance for the fact that the person to whom it relates is being

sentenced for a second time.”.”
Clause 258
206
Page 148, line 15, leave out “a relevant order” and insert “one or more relevant

orders”
207
Page 148, line 29, leave out from beginning to “an” in line 30 and insert “in the case

of an offence which appears to the court to be”
Clause 260
208
Page 149, leave out lines 22 to 27 and insert—

“(1A)
This section applies to a life prisoner in respect of whom a minimum term

order has been made; and any reference in this section to the relevant part

of such a prisoner’s sentence is a reference to the part of the sentence

specified in the order.”
209
Page 149, line 28, after “(1B)(a)” insert—

“(a)
for the words from the beginning to “applies” there is substituted

“this section does not apply to him”, and

(b)”
Clause 267
210
Page 151, line 32, leave out from “exceeding” to end of line 41 and insert “12

months”