Public Bill Committee: 23rd October 2007

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Criminal Justice and Immigration Bill, continued

(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).

(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

Public Bill Committee: 23rd October 2007

121

Criminal Justice and Immigration Bill, continued

(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.

(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 Edward Garnier

Mr David Burrowes

Mr Nick Hurd

13

Clause  16,  page  10,  line  35,  at end insert ‘, subject to the agreement of a Crown

Court judge’.

Public Bill Committee: 23rd October 2007

122

Criminal Justice and Immigration Bill, continued

Mr David Heath

David Howarth

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

138

Clause  16,  page  11,  line  15,  at end insert—

‘(c)	if the person is under the age of 18, at the date of his or her return to

prison.’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

14

Clause  16,  page  11,  leave out line 25 and 26.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

84

Clause  16,  page  11,  line  38,  leave out first ‘is’ and insert ‘and the Board are’.

Mr David Heath

David Howarth

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

139

Clause  16,  page  12,  line  3,  at end insert—

‘(c)	if the person is under the age of 18, at the date of his or her return to

prison.’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

85

Clause  16,  page  12,  leave out lines 13 and 14.

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),”.’.

Public Bill Committee: 23rd October 2007

123

Criminal Justice and Immigration Bill, continued

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 Edward Garnier

Mr David Burrowes

Mr Nick Hurd

86

Clause  18,  page  13,  line  22,  after ‘may,’, insert ‘with the approval of the Lord

Chief Justice or a judge designated by him,’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

87

Clause  19,  page  14,  line  29,  at end add—

‘(10)

For the avoidance of doubt there is a rebuttable presumption that any prisoner of

a category referred to in section 46ZA will be removed from the United Kingdom

following his release without prejudice to any existing rights not to be, or

protections from being, removed under British or European Union law.’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

88

Clause  20,  page  15,  line  28,  at end add—

‘(9)	For the avoidance of doubt there is a rebuttable presumption that any prisoner of

a category referred to in section 259A will be removed from the United Kingdom

following his release without prejudice to any existing rights not to be, or

protections from being, removed under British or European Union law.’.

Mr David Hanson

21

Clause  21,  page  16,  line  8,  leave out from ‘been’ to ‘but’ in line 10 and insert ‘dealt

with by such a court for any offence other than the offence and any connected offence on

only one previous occasion’.

Public Bill Committee: 23rd October 2007

124

Criminal Justice and Immigration Bill, continued

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

140

Clause  21,  page  16,  line  8,  leave out ‘of only one offence other than the’ and insert

‘on only one occasion for an’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

141

Clause  21,  page  16,  line  10,  leave out from ‘offence’ to end of line 11 and insert ‘;

or

(iii)

if they have previously been referred to a youth offender panel

under section 16 above, a futher referral has been recommended

by—

(a)	a member of a youth offending team,

(b)	an officer of a local probation team, or

(c)	a social worker of a local authority.’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

89

Clause  22,  page  16,  line  24,  leave out ‘20’ and insert ‘50’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

90

Clause  22,  page  16,  line  24,  leave out ‘20’ and insert ‘45’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

91

Clause  22,  page  16,  line  24,  leave out ‘20’ and insert ‘35’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

92

Clause  22,  page  16,  line  24,  leave out ‘20’ and insert ‘30’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

93

Clause  22,  page  16,  line  24,  leave out ‘20’ and insert ‘25’.

Public Bill Committee: 23rd October 2007

125

Criminal Justice and Immigration Bill, continued

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

94

Clause  22,  page  16,  line  32,  leave out ‘20’ and insert ‘50’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

95

Clause  22,  page  16,  line  32,  leave out ‘20’ and insert ‘45’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

96

Clause  22,  page  16,  line  32,  leave out ‘20’ and insert ‘35’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

97

Clause  22,  page  16,  line  32,  leave out ‘20’ and insert ‘30’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

98

Clause  22,  page  16,  line  32,  leave out ‘20’ and insert ‘25’.

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”,’.

Public Bill Committee: 23rd October 2007

126

Criminal Justice and Immigration Bill, continued

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’.

Mr David Hanson

53

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

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

100

Clause  26,  page  19,  line  23,  at end insert ‘and they have a certificate from the trial

judge confirming that the evidence heard by him and the jury was sufficient to prove the

prosecution case and that he had admitted and the jury had considered, and been directed

by him in relation to, the relevance of any evidence of the procedural or other

misconduct.’.

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 Edward Garnier

Mr David Burrowes

Mr Nick Hurd

101

Clause  26,  page  20,  leave out line 6 and add ‘may, as the Court think fit in the interests

of justice in that case, either direct that there be a retrial or that the appellant be

acquitted.”’.

---

Revised 23 October 2007