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17 | Further review and release of prisoners after recall |
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(1) | Section 256 of the Criminal Justice Act 2003 (c. 44) (further release after recall) |
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(2) | In subsection (1) for paragraph (b) substitute— |
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“(b) | determine the reference by making no recommendation as to |
| 5 |
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(3) | In subsection (2) omit “or (b)”. |
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(4) | Subsections (3) and (5) cease to have effect. |
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(5) | After section 256 insert— |
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| 10 |
(1) | The Secretary of State must, not later than the first anniversary of a |
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determination by the Board under section 256(1) or subsection (4) |
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below, refer the person’s case to the Board. |
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(2) | The Secretary of State may, at any time before that anniversary, refer |
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the person’s case to the Board. |
| 15 |
(3) | The Board may at any time recommend to the Secretary of State that a |
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person’s case be referred under subsection (2). |
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(4) | On a referral under subsection (1) or (2), the Board must determine the |
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(a) | recommending the person’s immediate release on licence under |
| 20 |
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(b) | fixing a date for his release on licence, or |
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(c) | making no recommendation as to his release.” |
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18 | Recall of life prisoners: abolition of requirement for recommendation by |
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| 25 |
(1) | Section 32 of the Crime (Sentences) Act 1997 (c. 43) (recall of life prisoners |
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while on licence) is amended as follows. |
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(2) | For subsections (1) and (2) (power of Secretary of State to revoke licence) |
| |
| |
“(1) | The Secretary of State may, in the case of any life prisoner who has been |
| 30 |
released on licence under this Chapter, revoke his licence and recall |
| |
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(3) | In subsection (3) (representations by prisoner) for “subsection (1) or (2) above” |
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substitute “this section”. |
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(4) | In subsection (4) (reference to Parole Board by Secretary of State) for |
| 35 |
paragraphs (a) and (b) substitute “the case of a life prisoner recalled under this |
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|
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Early removal of prisoners from the United Kingdom |
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19 | Removal under Criminal Justice Act 1991 (offences before 4th April 2005 etc.) |
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(1) | Part 2 of the Criminal Justice Act 1991 (c. 53) (early release of prisoners) is |
| |
| |
(2) | After section 46 insert— |
| 5 |
“46ZA | Persons eligible for removal from the United Kingdom |
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(1) | For the purposes of section 46A below, to be “eligible for removal from |
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the United Kingdom” a person must show, to the satisfaction of the |
| |
Secretary of State, that the condition in subsection (2) is met. |
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(2) | The condition is that the person has the settled intention of residing |
| 10 |
permanently outside the United Kingdom if removed from prison |
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(3) | The person must not be one who is liable to removal from the United |
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(3) | Section 46A (early removal of persons liable to removal from the United |
| 15 |
Kingdom) is amended as follows. |
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(4) | In subsection (1) (the power of removal) after “is liable to” insert “, or eligible |
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(5) | Also in subsection (1), for “at any time after he has served the requisite period” |
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substitute “at any time in the period— |
| 20 |
(a) | beginning when the person has served the requisite period (see |
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(b) | ending when the person has served one-half of the term.” |
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(6) | Subsection (2) (cases where subsection (1) does not apply) ceases to have effect. |
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(7) | In subsection (3) (purpose of removal from prison etc.)— |
| 25 |
(a) | at the beginning of paragraph (a) insert “if liable to removal from the |
| |
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(b) | for “and” at the end of that paragraph substitute— |
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“(aa) | if eligible for removal from the United Kingdom, is so |
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removed only for the purpose of enabling the prisoner |
| 30 |
to leave the United Kingdom in order to reside |
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permanently outside the United Kingdom, and”; |
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(c) | at the beginning of paragraph (b) insert “in either case,”. |
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(8) | In subsection (5) (the requisite period) in paragraph (a) omit “three months or |
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| 35 |
(9) | In consequence of the amendments made by this section, the heading to section |
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46A becomes “Early removal of persons liable to, or eligible for, removal from |
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20 | Removal under Criminal Justice Act 2003 |
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(1) | In Part 12 of the Criminal Justice Act 2003 (c. 44) (sentencing) Chapter 6 (release |
| 40 |
on licence) is amended as follows. |
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|
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(2) | After section 259 (persons liable to removal from the United Kingdom) insert— |
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“259A | Persons eligible for removal from the United Kingdom |
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(1) | For the purposes of this Chapter, to be “eligible for removal from the |
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United Kingdom” a person must show, to the satisfaction of the |
| |
Secretary of State, that the condition in subsection (2) is met. |
| 5 |
(2) | The condition is that the person has the settled intention of residing |
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permanently outside the United Kingdom if removed from prison |
| |
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(3) | The person must not be one who is liable to removal from the United |
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| 10 |
(3) | Section 260 (early removal of prisoners liable to removal from United |
| |
Kingdom) is amended as follows. |
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(4) | In subsection (1) (the power of removal) after “is liable to” insert “, or eligible |
| |
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(5) | The following provisions cease to have effect— |
| 15 |
(a) | subsection (2) (conditions relating to time), and |
| |
(b) | subsection (3) (cases where subsection (1) does not apply). |
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(6) | In subsection (4) (purpose of removal from prison etc.)— |
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(a) | at the beginning of paragraph (a) insert “if liable to removal from the |
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| 20 |
(b) | for “and” at the end of that paragraph substitute— |
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“(aa) | if eligible for removal from the United Kingdom, is so |
| |
removed only for the purpose of enabling the prisoner |
| |
to leave the United Kingdom in order to reside |
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permanently outside the United Kingdom, and”; |
| 25 |
(c) | at the beginning of paragraph (b) insert “in either case,”. |
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(7) | For subsection (7) (meaning of “requisite custodial period”) substitute— |
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“(7) | In this section “requisite custodial period”— |
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(a) | in relation to a prisoner serving an extended sentence imposed |
| |
under section 227 or 228, means one-half of the appropriate |
| 30 |
custodial term (determined by the court under that section); |
| |
(b) | in any other case, has the meaning given by paragraph (a), (b) |
| |
or (d) of section 244(3).” |
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(8) | In consequence of the amendments made by this section— |
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(a) | the italic heading preceding section 259 becomes “Persons liable to, or |
| 35 |
eligible for, removal from the United Kingdom”, and |
| |
(b) | the heading to section 260 becomes “Early removal of persons liable to, |
| |
or eligible for, removal from United Kingdom”. |
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Other sentencing provisions |
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21 | Referral orders: referral conditions |
| 40 |
(1) | Section 17 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (the |
| |
referral conditions) is amended as follows. |
| |
| |
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|
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(a) | after “section 16(2) above” insert “and subsection (2) below”, |
| |
(b) | insert “and” at the end of paragraph (a), and |
| |
| |
(3) | For subsections (1A) and (2) substitute— |
| 5 |
“(2) | For the purposes of section 16(3) above, the discretionary referral |
| |
conditions are satisfied in relation to an offence if— |
| |
(a) | the compulsory referral conditions are not satisfied in relation |
| |
| |
(b) | the offender pleaded guilty— |
| 10 |
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(ii) | if the offender is being dealt with by the court for the |
| |
offence and any connected offence, to at least one of |
| |
| |
| 15 |
(i) | has never been convicted by or before a court in the |
| |
United Kingdom of any offence other than the offence |
| |
and any connected offence; or |
| |
(ii) | has been convicted by or before such a court of only one |
| |
offence other than the offence and any connected |
| 20 |
offence but has never been referred to a youth offender |
| |
panel under section 16 above.” |
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| |
| |
22 | Imposition of unpaid work requirement for breach of community order |
| 25 |
(1) | Part 2 of Schedule 8 to the Criminal Justice Act 2003 (c. 44) (breach of |
| |
community order) is amended as follows. |
| |
(2) | In paragraph 9 (powers of magistrates’ court) after sub-paragraph (3) insert— |
| |
| |
(a) | the court is dealing with the offender under sub-paragraph |
| 30 |
| |
(b) | the community order does not contain an unpaid work |
| |
| |
| section 199(2)(a) applies in relation to the inclusion of such a |
| |
requirement as if for “40” there were substituted “20”.” |
| 35 |
(3) | In paragraph 10 (powers of Crown Court) after sub-paragraph (3) insert— |
| |
| |
(a) | the court is dealing with the offender under sub-paragraph |
| |
| |
(b) | the community order does not contain an unpaid work |
| 40 |
| |
| section 199(2)(a) applies in relation to the inclusion of such a |
| |
requirement as if for “40” there were substituted “20”.” |
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| |
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|
