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| | (8) | The prisoner is a “specified offence prisoner” if (not being an extended |
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| | sentence prisoner) he is serving a sentence imposed for a specified |
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| | offence within the meaning of section 224. |
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| | (9) | The Secretary of State may by order amend the number of days for the |
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| | time being specified in subsection (4). |
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| | (10) | In subsection (2) “term of imprisonment” means— |
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| | (a) | in relation to a prisoner who is, or is to be treated as, serving a |
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| | single term of imprisonment, that term; |
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| | (b) | in relation to a prisoner serving two or more sentences of |
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| | imprisonment (whether concurrently or consecutively), the |
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| | aggregrate of the periods that the prisoner is required— |
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| | (i) | to serve in prison, or |
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| | |
| | (11) | In subsection (5) “serious harm” means death or serious personal injury, |
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| | whether physical or psychological. |
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| | (1) | A prisoner who is suitable for automatic release must— |
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| | (a) | on his return to prison, be informed that he will be released under |
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| | (b) | at the end of the 28 day period mentioned in section 255A(4) (or |
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| | such other period as is specified for the purposes of that |
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| | subsection), be released by the Secretary of State on licence |
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| | under this Chapter (unless he has already been released under |
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| | |
| | (2) | The Secretary of State may, at any time after a prisoner who is suitable |
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| | for automatic release is returned to prison, release him again on licence |
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| | |
| | (3) | The Secretary of State must not release a person under subsection (2) |
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| | unless the Secretary of State is satisfied that it is not necessary for the |
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| | protection of the public that he should remain in prison until the end of |
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| | the period mentioned in subsection (1)(b). |
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| | (4) | If a prisoner who is suitable for automatic release makes representations |
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| | under section 254(2) before the end of that period, the Secretary of State |
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| | must refer his case to the Board on the making of those representations. |
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| | (5) | Where on a reference under subsection (4) relating to any person the |
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| | Board recommends his immediate release on licence under this Chapter, |
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| | the Secretary of State must give effect to the recommendation. |
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| | (6) | In the case of an intermittent custody prisoner who has not yet served in |
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| | prison the number of custodial days specified in the intermittent custody |
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| | order, any recommendation by the Board as to immediate release on |
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| | licence is to be a recommendation as to his release on licence until the end |
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| | of one of the licence periods specified by virtue of section 183(1)(b) in |
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| | the intermittent custody order. |
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| | 255C | Specified offence prisoners and those not suitable for automatic |
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| | |
| | (1) | This section applies to a prisoner who— |
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| | (a) | is a specified offence prisoner, or |
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| | (b) | was eligible to be considered for automatic release but was not |
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| | considered to be suitable for it. |
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| | (2) | The Secretary of State may, at any time after the person is returned to |
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| | prison, release him again on licence under this Chapter. |
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| | (3) | The Secretary of State must not release a person under subsection (2) |
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| | unless the Secretary of State is satisfied that it is not necessary for the |
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| | protection of the public that he should remain in prison. |
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| | (4) | The Secretary of State must refer to the Board the case of any person to |
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| | whom this section applies— |
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| | (a) | if the person makes representations under section 254(2) before |
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| | the end of the period of 28 days beginning with the date on which |
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| | he is returned to prison, on the making of those representations, |
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| | |
| | (b) | if, at the end of that period, the person has not been released |
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| | under subsection (2) and has not made such representations, at |
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| | |
| | (5) | Where on a reference under subsection (4) relating to any person the |
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| | Board recommends his immediate release on licence under this Chapter, |
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| | the Secretary of State must give effect to the recommendation. |
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| | (6) | In the case of an intermittent custody prisoner who has not yet served in |
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| | prison the number of custodial days specified in the intermittent custody |
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| | order, any recommendation by the Board as to immediate release on |
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| | licence is to be a recommendation as to his release on licence until the end |
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| | of one of the licence periods specified by virtue of section 183(1)(b) in |
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| | the intermittent custody order. |
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| | (7) | The Secretary of State may by order amend the number of days for the |
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| | time being specified in subsection (4)(a). |
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| | 255D | Extended sentence prisoners |
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| | (1) | The Secretary of State must refer to the Board the case of any extended |
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| | |
| | (2) | Where on a reference under subsection (1) relating to any person the |
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| | Board recommends his immediate release on licence under this Chapter, |
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| | the Secretary of State must give effect to the recommendation.”’. |
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| Clause 16, page 10, line 35, at end insert ‘, subject to the agreement of a Crown |
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| Clause 16, page 11, line 15, at end insert— |
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| | ‘(c) | if the person is under the age of 18, at the date of his or her return to |
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| Clause 16, page 11, leave out line 25 and 26. |
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| Clause 16, page 11, line 38, leave out first ‘is’ and insert ‘and the Board are’. |
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| Clause 16, page 12, line 3, at end insert— |
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| | ‘(c) | if the person is under the age of 18, at the date of his or her return to |
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| Clause 16, page 12, leave out lines 13 and 14. |
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| Clause 16, page 12, line 29, leave out ‘254A(7), 254B(4) or 254C(2)’ and insert |
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| ‘255B(4), 255C(4) or 255D(1)’. |
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| Clause 16, page 12, leave out lines 34 and 35 and insert— |
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| Clause 17, page 12, line 43, at end insert— |
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| | ‘( ) | In consequence of the amendments made by section 16 and this section, the |
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| | heading to section 256 becomes “Review by the Board”.’. |
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| | |
| Clause 18, page 13, line 22, after ‘may,’, insert ‘with the approval of the Lord |
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| Chief Justice or a judge designated by him,’. |
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| | |
| Clause 19, page 14, line 29, at end add— |
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| | ‘(10) | For the avoidance of doubt there is a rebuttable presumption that any prisoner of |
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| | a category referred to in section 46ZA will be removed from the United Kingdom |
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| | following his release without prejudice to any existing rights not to be, or |
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| | protections from being, removed under British or European Union law.’. |
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| | |
| Clause 20, page 15, line 28, at end add— |
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| | ‘(9) | For the avoidance of doubt there is a rebuttable presumption that any prisoner of |
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| | a category referred to in section 259A will be removed from the United Kingdom |
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| | following his release without prejudice to any existing rights not to be, or |
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| | protections from being, removed under British or European Union law.’. |
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| |
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| | |
| Clause 21, page 16, line 8, leave out from ‘been’ to ‘but’ in line 10 and insert ‘dealt |
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| with by such a court for any offence other than the offence and any connected offence on |
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| only one previous occasion’. |
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| Clause 21, page 16, line 8, leave out ‘of only one offence other than the’ and insert |
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| ‘on only one occasion for an’. |
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| Clause 21, page 16, line 10, leave out from ‘offence’ to end of line 11 and insert ‘; |
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| | (iii) | if they have previously been referred to a youth offender panel |
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| | under section 16 above, a futher referral has been recommended |
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| | |
| | (a) | a member of a youth offending team, |
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| | (b) | an officer of a local probation team, or |
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| | (c) | a social worker of a local authority.’. |
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| Clause 22, page 16, line 24, leave out ‘20’ and insert ‘50’. |
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| Clause 22, page 16, line 24, leave out ‘20’ and insert ‘45’. |
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| Clause 22, page 16, line 24, leave out ‘20’ and insert ‘35’. |
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| Clause 22, page 16, line 24, leave out ‘20’ and insert ‘30’. |
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| Clause 22, page 16, line 24, leave out ‘20’ and insert ‘25’. |
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| Clause 22, page 16, line 32, leave out ‘20’ and insert ‘50’. |
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| Clause 22, page 16, line 32, leave out ‘20’ and insert ‘45’. |
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| Clause 22, page 16, line 32, leave out ‘20’ and insert ‘35’. |
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| Clause 22, page 16, line 32, leave out ‘20’ and insert ‘30’. |
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| Clause 22, page 16, line 32, leave out ‘20’ and insert ‘25’. |
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| Schedule 5, page 150, line 32, leave out ‘“convicted”’ and insert ‘“conviction”’. |
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| |
| | |
| Schedule 5, page 151, line 8, leave out ‘and’ and insert— |
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| | ‘(aa) | in paragraph (aa), for the words following “conviction” there were |
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| | substituted “must be, in the case of an amount in default which is |
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| | specified in the first column of the following Table, not more than the |
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| | number of hours set out opposite that amount in the second column. |
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| | | | | | | | | | | | | | | An amount not exceeding £250 |
| | | | | An amount exceeding £250 but |
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| Schedule 5, page 151, line 9, leave out ‘18”’ and insert ‘12”’. |
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| Schedule 5, page 151, line 17, leave out ‘12’ and insert ‘10’. |
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| Schedule 5, page 151, line 19, leave out ‘16”’ and insert ‘12”’. |
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| Clause 26, page 19, line 23, at end insert ‘and they have a certificate from the trial |
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| judge confirming that the evidence heard by him and the jury was sufficient to prove the |
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| prosecution case and that he had admitted and the jury had considered, and been directed |
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| by him in relation to, the relevance of any evidence of the procedural or other |
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| Clause 26, page 19, line 27, at end insert— |
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| | ‘( ) | In that section, after subsection (1B) (inserted by subsection (2) above) insert— |
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| | “(1C) | In determining whether a conviction is unsafe for the purposes of |
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| | subsection (1)(a) the Court of Appeal may, if they think it appropriate in |
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| | all the circumstances of the case, disregard any development in the law |
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| | since the date of the conviction.” ’. |
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| |
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| | |
| Clause 26, page 20, leave out line 6 and add ‘may, as the Court think fit in the interests |
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| of justice in that case, either direct that there be a retrial or that the appellant be |
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