Notices of Amendments: 16th October 2007

36

Criminal Justice and Immigration Bill, continued

Mr David Hanson

48

Schedule  4,  page  149,  line  4,  at end insert—

‘(5A)

If a local authority has parental responsibility for an offender who

is in its care or provided with accommodation by it in the exercise

of any social services functions, the reference in sub-paragraph

(5)(b) to a parent or guardian of the offender is to be read as a

reference to that authority.

(5B)	In sub-paragraph (5A)—

“local authority” has the same meaning as it has in Part 1 of the

Criminal Justice and Immigration Act 2007 by virtue of section 7 of

that Act,

“parental responsibility” has the same meaning as it has in the

Children Act 1989 by virtue of section 3 of that Act, and

“social services functions” has the same meaning as it has in the Local

Authority Social Services Act 1970 by virtue of section 1A of that

Act.’.

Mr David Hanson

49

Schedule  5,  page  150,  line  32,  leave out ‘“convicted”’ and insert ‘“conviction”’.

Mr David Hanson

50

Schedule  5,  page  151,  line  8,   leave out ‘and’ and insert—

‘(aa)

in paragraph (aa), for the words following “conviction” there were

substituted “must be, in the case of an amount in default which is

specified in the first column of the following Table, not more than the

number of hours set out opposite that amount in the second column.

	TABLE
	Amount	Number of
		hours
	An amount not exceeding £250	8
	An amount exceeding £250 but	14
	not exceeding £500
	An amount exceeding £500	24”,’.

Mr David Hanson

51

Schedule  5,  page  151,  line  9,  leave out ‘18”’ and insert ‘12”’.

Mr David Hanson

52

Schedule  5,  page  151,  line  17,  leave out ‘12’ and insert ‘10’.

Notices of Amendments: 16th October 2007

37

Criminal Justice and Immigration Bill, continued

Mr David Hanson

53

Schedule  5,  page  151,  line  19,  leave out ‘16”’ and insert ‘12”’.

Mr David Hanson

54

Schedule  21,  page  218,  line  26,  at end insert—

‘Criminal Justice Act 1961 (c. 39)

2A	In section 38(3)(c) of the Criminal Justice Act 1961 (construction of references

to imprisonment or detention in case of children and young persons) after “in

accordance with” insert “a determination of the Secretary of State or of a

person authorised by him, in accordance with arrangements made by the

Secretary of State or in accordance with”.’.

Mr David Hanson

55

Schedule  21,  page  220,  leave out line 6 and insert—

‘8A	The Powers of Criminal Courts (Sentencing) Act 2000 has effect subject to the

following amendments.

9	In section 19(4)’.

Mr David Hanson

56

Schedule  21,  page  220,  line  10,  at end insert—

‘9A	In section 92 (detention under sections 90 and 91: place of detention etc.) omit

subsection (3).’.

Mr David Hanson

57

Schedule  22,  page  223,  line  22,  at end insert—

‘5A	In subsection (5) of section 148 of the Criminal Justice Act 2003 (c. 44)

(restrictions on imposing community sentences), as inserted by section 11 of

this Act, the reference to a youth rehabilitation order is to be read as including

a reference to any youth community order within the meaning of section

147(2) of the Criminal Justice Act 2003 (c. 44) (as it has effect immediately

before the commencement of paragraph 58 of Schedule 4 to this Act).’.

Mr David Hanson

58

Schedule  23,  page  228,  line  15,  at end insert—

	‘Social Work (Scotland) Act 1968	In section 94(1), in the definition of “supervision
	(c. 49)	order”, the words “the Powers of Criminal Courts
		(Sentencing) Act 2000 or”.’.

Mr David Hanson

59

Schedule  23,  page  228,  line  16,  column 2,  at beginning insert—

‘Section 25.’.

Notices of Amendments: 16th October 2007

38

Criminal Justice and Immigration Bill, continued

Mr David Hanson

60

Schedule  23,  page  228,  line  17,  at end insert—

	‘Northern Ireland (Modification of	In Schedule 1, the entry relating to section 25(2) of
	Enactments — No. 1) Order	the Children and Young Persons Act 1969.
	1973 (S.I. 1973/2163)
	Transfer of Functions (Local	In Schedule 2, the entry relating to section 25 of the
	Government, etc.) (Northern	Children and Young Persons Act 1969.’.
	Ireland) Order 1973 (S.R. & O.
	1973 No. 256)

Mr David Hanson

61

Schedule  23,  page  229,  line  2,  column 2,  leave out ‘paragraph’ and insert

‘paragraphs 15(b) and’.

Mr David Hanson

62

Schedule  23,  page  229,  line  11,  column 2,  at end insert—

‘In Schedule 13, paragraph 35(3).’.

Mr David Hanson

63

Schedule  23,  page  229,  line  19,  at end insert—

‘Children (Prescribed Orders —

In regulation 8(1)—

Northern Ireland, Guernsey and

(a)	sub-paragraph (a)(ii);

Isle of Man) Regulations 1991

(b)	sub-paragraph (b)(i), (ii), (iv) and (v); and

(S.I. 1991/ 2032)

(c)	sub-paragraph (c)(ii) and (iii).’.

Mr David Hanson

64

Schedule  23,  page  229,  line  20,  column 2, leave out ‘2(2)(b)’ and insert ‘2(2)’.

Mr David Hanson

65

Schedule  23,  page  229,  line  21,  at end insert—

	‘Children (Northern Ireland	Article 7(2) and (3).’.
	Consequential Amendments)
	Order 1995 (S.I. 1995/ 756)

Mr David Hanson

66

Schedule  23,  page  230,  line  42,  column 2, after ‘33,’ insert ‘, 34(b)’.

Mr David Hanson

67

Schedule  23,  page  230,  line  42,  column 2, after ‘33,’ insert ‘, 39’.

Notices of Amendments: 16th October 2007

39

Criminal Justice and Immigration Bill, continued

Mr David Hanson

68

Schedule  23,  page  230,  column 2, leave out line 43 and insert ‘, 131 and 132’.

Mr David Hanson

69

Schedule  23,  page  231,  line  8,  column 2, after ‘paragraphs’ insert ‘37(b),’.

Mr David Hanson

70

Schedule  23,  page  231,  line  40,  column 2, at end insert ‘14,’.

Mr David Hanson

71

Schedule  23,  page  231,  line  41,  column 2, after ‘64(3)(a)(ii),’ insert ‘70(5)(a) and

(7),’.

Mr David Hanson

72

Schedule  23,  page  231,  line  42,  column 2, after ‘129’ insert ‘, 131(3)’.

Mr David Hanson

73

Schedule  23,  page  232,  line  18,  column 2,  at end insert—

‘Section 92(3).’.

Mr David Hanson

74

Clause  16,  page  10,  line  23,  leave out subsection (2) and insert—

‘(2)	After section 255 of that Act (recall of prisoners released early under section 246)

insert—

“255A

Further release after recall: introductory

(1)	This section applies for the purpose of identifying which of sections

255B to 255D governs the further release of a person who has been

recalled under section 254 (“the prisoner”).

(2)	The prisoner is eligible to be considered for automatic release unless—

(a)	he is an extended sentence prisoner or a specified offence

prisoner; or

(b)	he has, during the same term of imprisonment, already been

released under section 255B(1)(b) or (2) or section 255C(2).

(3)	If the prisoner is eligible to be considered for automatic release the

Secretary of State must, on recalling him, consider whether he is suitable

for automatic release.

(4)	For this purpose “automatic release” means release at the end of the

period of 28 days beginning with the date on which the prisoner is

returned to prison.

Notices of Amendments: 16th October 2007

40

Criminal Justice and Immigration Bill, continued

(5)	The person is suitable for automatic release only if the Secretary of State

is satisfied that he will not present a risk of serious harm to members of

the public if he is released at the end of that period.

(6)	The prisoner must be dealt with—

(a)	in accordance with section 255B if he is suitable for automatic

release;

(b)	in accordance with section 255C if he is eligible to be considered

for automatic release but was not considered to be suitable for it;

(c)	in accordance with section 255C if he is a specified offence

prisoner;

(d)	in accordance with section 255D if he is an extended sentence

prisoner.

(7)	The prisoner is an “extended sentence prisoner” if he is serving an

extended sentence imposed under section 227 or 228 of this Act, section

58 of the Crime and Disorder Act 1998 or section 85 of the Powers of

Criminal Courts (Sentencing) Act 2000.

(8)	The prisoner is a “specified offence prisoner” if (not being an extended

sentence prisoner) he is serving a sentence imposed for a specified

offence within the meaning of section 224.

(9)	The Secretary of State may by order amend the number of days for the

time being specified in subsection (4).

(10)	In subsection (2) “term of imprisonment” means—

(a)	in relation to a prisoner who is, or is to be treated as, serving a

single term of imprisonment, that term;

(b)	in relation to a prisoner serving two or more sentences of

imprisonment (whether concurrently or consecutively), the

aggregrate of the periods that the prisoner is required—

(i)	to serve in prison, or

(ii)	to be on licence.

(11)	In subsection (5) “serious harm” means death or serious personal injury,

whether physical or psychological.

255B	Automatic release

(1)	A prisoner who is suitable for automatic release must—

(a)	on his return to prison, be informed that he will be released under

this subsection, and

(b)	at the end of the 28 day period mentioned in section 255A(4) (or

such other period as is specified for the purposes of that

subsection), be released by the Secretary of State on licence

under this Chapter (unless he has already been released under

subsection (2)).

(2)	The Secretary of State may, at any time after a prisoner who is suitable

for automatic release is returned to prison, release him again on licence

under this Chapter.

(3)	The Secretary of State must not release a person under subsection (2)

unless the Secretary of State is satisfied that it is not necessary for the

protection of the public that he should remain in prison until the end of

the period mentioned in subsection (1)(b).

Notices of Amendments: 16th October 2007

41

Criminal Justice and Immigration Bill, continued

(4)	If a prisoner who is suitable for automatic release makes representations

under section 254(2) before the end of that period, the Secretary of State

must refer his case to the Board on the making of those representations.

(5)	Where on a reference under subsection (4) relating to any person the

Board recommends his immediate release on licence under this Chapter,

the Secretary of State must give effect to the recommendation.

(6)	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

of one of the licence periods specified by virtue of section 183(1)(b) in

the intermittent custody order.

255C	Specified offence prisoners and those not suitable for automatic

release

(1)	This section applies to a prisoner who—

(a)	is a specified offence prisoner, or

(b)	was eligible to be considered for automatic release but was not

considered to be suitable for it.

(2)	The Secretary of State may, at any time after the person is returned to

prison, release him again on licence under this Chapter.

(3)	The Secretary of State must not release a person under subsection (2)

unless the Secretary of State is satisfied that it is not necessary for the

protection of the public that he should remain in prison.

(4)	The Secretary of State must refer to the Board the case of any person to

whom this section applies—

(a)	if the person makes representations under section 254(2) before

the end of the period of 28 days beginning with the date on which

he is returned to prison, on the making of those representations,

or

(b)	if, at the end of that period, the person has not been released

under subsection (2) and has not made such representations, at

that time.

(5)	Where on a reference under subsection (4) relating to any person the

Board recommends his immediate release on licence under this Chapter,

the Secretary of State must give effect to the recommendation.

(6)	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

of one of the licence periods specified by virtue of section 183(1)(b) in

the intermittent custody order.

(7)	The Secretary of State may by order amend the number of days for the

time being specified in subsection (4)(a).

255D	Extended sentence prisoners

(1)	The Secretary of State must refer to the Board the case of any extended

sentence prisoner.

Notices of Amendments: 16th October 2007

42

Criminal Justice and Immigration Bill, continued

(2)	Where on a reference under subsection (1) relating to any person the

Board recommends his immediate release on licence under this Chapter,

the Secretary of State must give effect to the recommendation.”’.

Mr David Hanson

75

Clause  16,  page  12,  line  29,  leave out ‘254A(7), 254B(4) or 254C(2)’ and insert

‘255B(4), 255C(4) or 255D(1)’.

Mr David Hanson

76

Clause  16,  page  12,  leave out lines 34 and 35 and insert—

‘“	section 255A(9),

section 255C(7),”.’.

Mr David Hanson

77

Clause  17,  page  12,  line  43,  at end insert—

‘( )	In consequence of the amendments made by section 16 and this section, the

heading to section 256 becomes “Review by the Board”.’.

Mr David Hanson

78

Clause  26,  page  19,  line  27,  at end insert—

‘( )	In that section, after subsection (1B) (inserted by subsection (2) above) insert—

“(1C)

In determining whether a conviction is unsafe for the purposes of

subsection (1)(a) the Court of Appeal may, if they think it appropriate in

all the circumstances of the case, disregard any development in the law

since the date of the conviction.” ’.

Mr David Hanson

79

Clause  28,  page  20,  line  14,  leave out ‘In’.

Mr David Hanson

80

Clause  28,  page  20,  line  14,  after ‘sentencing)’ insert ‘is amended as follows.’.

Mr David Hanson

81

Clause  28,  page  20,  line  16,  after ‘to’ insert ‘a case in which the judge made’.

Mr David Hanson

82

Clause  28,  page  20,  line  17,  leave out ‘order under that section’ and insert

‘sentence’.

Mr David Hanson

83

Clause  28,  page  20,  line  28,  at end insert—

‘( )	In subsection (9) after paragraph (b) insert ‘‘and—

---

Revised 17 October 2007