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Criminal Justice and Immigration Bill


Criminal Justice and Immigration Bill
Part 2 — Sentencing

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Abolition of suspended sentences for summary offences

In section 189 of the Criminal Justice Act 2003 (c. 44) (suspended sentences)

after subsection (1) insert—

“(1A)   

Subject to subsection (1B), the power conferred by subsection (1) is not

exercisable in relation to a sentence of imprisonment imposed for a

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summary offence.

(1B)   

Where—

(a)   

the court proposes to pass two or more sentences of

imprisonment on the same occasion;

(b)   

the offences for which those sentences are to be passed include

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at least one summary offence and one indictable offence, and

(c)   

the court exercises the power conferred by subsection (1) in

relation to at least one sentence passed for an indictable offence,

   

the power conferred by subsection (1) may be exercised in relation to

the sentence passed for the summary offence or offences (or any of

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them) being dealt with at that time.”

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Restriction on imposing community sentences

In section 148 of the Criminal Justice Act 2003 (restrictions on imposing

community sentences) after subsection (4) insert—

“(5)   

The fact that by virtue of any provision of this section—

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(a)   

a community sentence may be passed in relation to an offence;

or

(b)   

particular restrictions on liberty may be imposed by a

community order or youth community order,

   

does not require a court to pass such a sentence or to impose those

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restrictions.”

Custodial sentences and release

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Indeterminate sentences: determination of tariffs

(1)   

Section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

(determination of tariffs in cases where the sentence is not fixed by law) is

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amended as follows.

(2)   

In subsection (3) (determination of the appropriate part of the sentence) at the

end insert—

   

“In Case A or Case B below, this subsection has effect subject to, and in

accordance with, subsection (3C) below.”

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(3)   

After subsection (3) insert—

“(3A)   

Case A is where the court is of the opinion that the seriousness of the

offence, or of the combination of the offence and one or more other

offences associated with it,—

(a)   

is exceptional (but not such that the court proposes to make an

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order under subsection (4) below), and

(b)   

would not be adequately reflected by the period which the court

would otherwise specify under subsection (2) above.

 
 

Criminal Justice and Immigration Bill
Part 2 — Sentencing

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(3B)   

Case B is where the court is of the opinion that the period which it

would otherwise specify under subsection (2) above would have little

or no effect on time spent in custody, taking into account all the

circumstances of the particular offender.

(3C)   

In Case A or Case B above, in deciding the effect which the comparison

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required by subsection (3)(c) above is to have on reducing the period

which the court determines for the purposes of subsection (3)(a) (and

before giving effect to subsection (3)(b) above), the court may, instead

of reducing that period by one-half,—

(a)   

in Case A above, reduce it by such lesser amount (including nil)

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as the court may consider appropriate according to the

seriousness of the offence, or

(b)   

in Case B above, reduce it by such lesser amount (but not by less

than one-third) as the court may consider appropriate in the

circumstances.”

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(4)   

In subsection (4A) (no order to be made under subsection (4) in the case of

certain sentences) after “No order under subsection (4) above may be made”

insert “, and Case A above does not apply,”.

13      

Consecutive terms of imprisonment

(1)   

Part 12 of the Criminal Justice Act 2003 (c. 44) (sentencing) is amended as

20

follows.

(2)   

In section 181 (consecutive terms of imprisonment complying with section 181)

after subsection (7) insert—

“(7A)   

For the purposes of subsection (7)(a) the aggregate length of the terms

of imprisonment is not to be regarded as being more than 65 weeks if

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the aggregate of all the custodial periods and the longest of the licence

periods in relation to those terms is not more than 65 weeks.”

(3)   

In section 264A (consecutive terms: intermittent custody)—

(a)   

in subsection (3), omit the words from “and none” to the end;

(b)   

in subsection (4)(b), for “the longest of the total” substitute “all the”; and

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(c)   

in subsection (5), for the definition of “total licence period” substitute—

““licence period” has the same meaning as in section

183(3);”.

(4)   

In section 265 (restriction on consecutive sentences for released prisoners)—

(a)   

in subsection (1), for “early under this Chapter” substitute “—

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(a)   

under this Chapter; or

(b)   

under Part 2 of the Criminal Justice Act 1991.”; and

(b)   

after that subsection insert—

“(1A)   

Subsection (1) applies to a court sentencing a person to a term

of imprisonment for offences committed before 4 April 2005 as

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well as for offences committed on or after that date.

(1B)   

Where an intermittent custody order applies to the other

sentence, the reference in subsection (1) to release under this

Chapter does not include release by virtue of section 183(1)(b)(i)

(periods of temporary release on licence before the custodial

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days specified under section 183(1)(a) have been served).”

 
 

Criminal Justice and Immigration Bill
Part 2 — Sentencing

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14      

Minimum conditions for early release under section 246(1) of the Criminal

Justice Act 2003

In section 246(2) of the Criminal Justice Act 2003 (minimum conditions for

early release of fixed-term prisoner other than intermittent custody prisoner)

for paragraph (b) substitute “and

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(b)   

he has served—

(i)   

at least 4 weeks of that period, and

(ii)   

at least one-half of that period.”

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Application of section 35(1) of the Criminal Justice Act 1991 to prisoners liable

to removal from the UK

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(1)   

The following provisions of Part 2 of the Criminal Justice Act 1991 (c. 53)

(which apply to persons sentenced for offences committed before 4th April

2005) cease to have effect—

(a)   

section 46(1) (which makes the early release power under section 35(1)

exercisable in relation to long term prisoners liable to removal without

15

a Parole Board recommendation), and

(b)   

in section 50(2), the words from “but nothing” to the end (which

exclude prisoners liable to removal from the cases in which prisoners

must be released if recommended for release by the Parole Board);

   

and, accordingly, the Parole Board (Transfer of Functions) Order 1998 (S.I.

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1998/3218) applies to prisoners liable to removal as it applies to other

prisoners.

(2)   

In this section “prisoners liable to removal” means prisoners liable to removal

from the United Kingdom (within the meaning of section 46(3) of the Criminal

Justice Act 1991).

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16      

Release of prisoners after recall

(1)   

In section 254 of the Criminal Justice Act 2003 (c. 44) (recall of prisoners while

on licence)—

(a)   

subsections (3) to (5) cease to have effect;

(b)   

in subsection (7) for “subsections (2) to (6)” substitute “this section”.

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(2)   

After that section insert—

“254A   

Re-release after recall: offences other than specified offences

(1)   

This section applies to any person recalled under section 254, unless he

is serving—

(a)   

a sentence imposed for a specified offence, or

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(b)   

an extended sentence imposed under section 227 or 228, section

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

Powers of Criminal Courts (Sentencing) Act 2000.

(2)   

If the Secretary of State is satisfied, on recalling a person to whom this

section applies, that the person will not present a risk of serious harm

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to the public if he is released at the end of the period of 28 days

beginning with the date on which he is returned to prison, then

subsection (4) applies.

 
 

Criminal Justice and Immigration Bill
Part 2 — Sentencing

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(3)   

But subsection (4) does not apply to a person who has previously been

released under paragraph (b) of that subsection.

(4)   

The person must—

(a)   

on his return to prison, be informed that he will be released

under this subsection, and

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(b)   

at the end of the period mentioned in subsection (2), be released

by the Secretary of State on licence under this Chapter (unless

he has already been released under subsection (5)).

(5)   

The Secretary of State may, at any time after a person to whom this

section applies is returned to prison, release him again on licence under

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this Chapter.

(6)   

The Secretary of State must not release a person under subsection (5)

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

protection of the public that he should remain in prison.

(7)   

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

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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;

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(b)   

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

under subsection (4)(b) or (5) and has not made such

representations, at that time.

(8)   

Where on a reference under subsection (7) relating to any person the

Board recommends his immediate release on licence under this

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Chapter, the Secretary of State must give effect to the recommendation.

(9)   

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

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until the end of one of the licence periods specified by virtue of section

183(1)(b) in the intermittent custody order.

(10)   

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

time being specified in subsection (2) or (7)(a).

(11)   

In subsection (1) “specified offence” has the meaning given by section

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224.

254B    

Re-release after recall: specified offences

(1)   

This section applies to any person recalled under section 254 who is

serving a sentence imposed for a specified offence, unless he is serving

an extended sentence imposed under section 227 or 228, section 58 of

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

Criminal Courts (Sentencing) Act 2000.

(2)   

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

prison, release him again on licence under this Chapter.

 
 

Criminal Justice and Immigration Bill
Part 2 — Sentencing

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(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—

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(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

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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.

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(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

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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).

(8)   

In subsection (1) “specified offence” has the meaning given by section

224.

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254C    

Re-release after recall: extended sentences

(1)   

This section applies to any person recalled under section 254 who is

serving an extended sentence imposed under section 227 or 228, or

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

Powers of Criminal Courts (Sentencing) Act 2000.

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(2)   

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

whom this section applies.

(3)   

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

Board recommends his immediate release on licence under this

Chapter, the Secretary of State must give effect to the

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recommendation.”

(3)   

In section 256 of that Act (further release after recall) in subsection (1) (powers

of Board on a reference) for “section 254(3)” substitute “section 254A(7),

254B(4) or 254C(2)”.

(4)   

In section 330 of that Act (orders and rules) in subsection (5)(a) (statutory

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instruments subject to the affirmative resolution procedure) at the appropriate

place insert—

   

“section 254A(10),

   

  section 254B(7),”.

 
 

 
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