|
| |
|
10 | 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 |
| 5 |
| |
| |
(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 |
| 10 |
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 |
| 15 |
them) being dealt with at that time.” |
| |
11 | 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— |
| 20 |
(a) | a community sentence may be passed in relation to an offence; |
| |
| |
(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 |
| 25 |
| |
Custodial sentences and release |
| |
12 | 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 |
| 30 |
| |
(2) | In subsection (3) (determination of the appropriate part of the sentence) at the |
| |
| |
| “In Case A or Case B below, this subsection has effect subject to, and in |
| |
accordance with, subsection (3C) below.” |
| 35 |
(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 |
| 40 |
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. |
| |
|
| |
|
| |
|
(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 |
| 5 |
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) |
| 10 |
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 |
| |
| 15 |
(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 |
| |
(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 |
| 25 |
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 |
| 30 |
(c) | in subsection (5), for the definition of “total licence period” substitute— |
| |
““licence period” has the same meaning as in section |
| |
| |
(4) | In section 265 (restriction on consecutive sentences for released prisoners)— |
| |
(a) | in subsection (1), for “early under this Chapter” substitute “— |
| 35 |
(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 |
| 40 |
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 |
| 45 |
days specified under section 183(1)(a) have been served).” |
| |
|
| |
|
| |
|
14 | Minimum conditions for early release under section 246(1) of the Criminal |
| |
| |
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 |
| 5 |
| |
(i) | at least 4 weeks of that period, and |
| |
(ii) | at least one-half of that period.” |
| |
15 | Application of section 35(1) of the Criminal Justice Act 1991 to prisoners liable |
| |
| 10 |
(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. |
| 20 |
1998/3218) applies to prisoners liable to removal as it applies to other |
| |
| |
(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 |
| |
| 25 |
16 | Release of prisoners after recall |
| |
(1) | In section 254 of the Criminal Justice Act 2003 (c. 44) (recall of prisoners while |
| |
| |
(a) | subsections (3) to (5) cease to have effect; |
| |
(b) | in subsection (7) for “subsections (2) to (6)” substitute “this section”. |
| 30 |
(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 |
| |
| |
(a) | a sentence imposed for a specified offence, or |
| 35 |
(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 |
| 40 |
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 |
| |
| |
|
| |
|
| |
|
(3) | But subsection (4) does not apply to a person who has previously been |
| |
released under paragraph (b) of that subsection. |
| |
| |
(a) | on his return to prison, be informed that he will be released |
| |
under this subsection, and |
| 5 |
(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 |
| 10 |
| |
(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 |
| 15 |
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 |
| |
| 20 |
(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 |
| 25 |
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 |
| 30 |
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 |
| 35 |
| |
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 |
| 40 |
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. |
| |
|
| |
|
| |
|
(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— |
| 5 |
(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 |
| |
| |
(b) | if, at the end of that period, the person has not been released |
| 10 |
under subsection (2) and has not made such representations, at |
| |
| |
(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. |
| 15 |
(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 |
| 20 |
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 |
| |
| 25 |
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. |
| 30 |
(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 |
| 35 |
| |
(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), |
| |
| |
(4) | In section 330 of that Act (orders and rules) in subsection (5)(a) (statutory |
| 40 |
instruments subject to the affirmative resolution procedure) at the appropriate |
| |
| |
| |
| |
|
| |
|