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| Tuesday 20th November 2007 |
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| New Amendments handed in are marked thus  |
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| Other Amendments not tabled within the required notice period are marked thus  |
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| Criminal Justice and Immigration Bill
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| | The Amendments have been arranged in accordance with the Order of the |
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| | Committee [16th October]. |
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| Page 8, line 1, leave out Clause 10. |
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| Clause 11, page 8, line 24, leave out second ‘community’ and insert |
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| Page 8, line 17, leave out Clause 11. |
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| Clause 12, page 8, line 34, after ‘below,’, insert ‘if the offender is over the age of |
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| Page 8, line 28, leave out Clause 12. |
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| Clause 13, page 9, leave out lines 39 to 41 and insert— |
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| | “(1A) | Subsection (1) applies to a court sentencing a person to— |
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| | (a) | a term of imprisonment for an offence committed before 4 April 2005, or |
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| | (b) | a term of imprisonment of less than 12 months for an offence committed |
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| | | as it applies to the imposition of any other term of imprisonment.’. |
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| Clause 13, page 9, line 46, at end insert— |
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| | ‘(5) | Any saving by virtue of which section 84 of the Powers of Criminal Courts |
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| | (Sentencing) Act 2000 (c. 6) (restrictions on consecutive sentences for released |
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| | prisoners) continues to apply in certain cases (despite the repeal of that section by |
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| | the Criminal Justice Act 2003) shall cease to have effect.’. |
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| Page 9, line 19, leave out Clause 13. |
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| Clause 15, page 10, line 25, at end add— |
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| | ‘(2A) | For the avoidance of doubt there is a rebuttable presumption that any such |
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| | prisoner will be removed from the United Kingdom following his release without |
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| | prejudice to any existing rights not to be, or protections from being, removed |
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| | under British or European Union law.’. |
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| Clause 16, page 10, line 31, leave out subsection (2) and insert— |
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| | ‘(2) | After section 255 of that Act (recall of prisoners released early under section 246) |
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| | “255A | Further release after recall: introductory |
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| | (1) | This section applies for the purpose of identifying which of sections |
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| | 255B to 255D governs the further release of a person who has been |
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| | recalled under section 254 (“the prisoner”). |
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| | (2) | The prisoner is eligible to be considered for automatic release unless— |
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| | (a) | he is an extended sentence prisoner or a specified offence |
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| | (b) | he has, during the same term of imprisonment, already been |
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| | released under section 255B(1)(b) or (2) or section 255C(2). |
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| | (3) | If the prisoner is eligible to be considered for automatic release the |
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| | Secretary of State must, on recalling him, consider whether he is suitable |
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| | (4) | For this purpose “automatic release” means release at the end of the |
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| | period of 28 days beginning with the date on which the prisoner is |
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| | (5) | The person is suitable for automatic release only if the Secretary of State |
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| | is satisfied that he will not present a risk of serious harm to members of |
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| | the public if he is released at the end of that period. |
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| | (6) | The prisoner must be dealt with— |
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| | (a) | in accordance with section 255B if he is suitable for automatic |
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| | (b) | in accordance with section 255C if he is eligible to be considered |
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| | for automatic release but was not considered to be suitable for it; |
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| | (c) | in accordance with section 255C if he is a specified offence |
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| | (d) | in accordance with section 255D if he is an extended sentence |
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| | (7) | The prisoner is an “extended sentence prisoner” if he is serving an |
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| | extended sentence imposed under section 227 or 228 of this Act, section |
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| | 58 of the Crime and Disorder Act 1998 or section 85 of the Powers of |
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| | Criminal Courts (Sentencing) Act 2000. |
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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 43, at end insert ‘, subject to the agreement of a Crown |
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| Clause 16, page 11, line 23, 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 33 and 34. |
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| Clause 16, page 12, line 2, leave out first ‘is’ and insert ‘and the Board are’. |
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| Clause 16, page 12, line 12, 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 22 and 23. |
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| Clause 16, page 12, line 38, 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 43 and 44 and insert— |
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| Clause 17, page 13, line 8, 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 30, 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 38, 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 38, 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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| Clause 21, page 16, line 19, leave out from ‘been’ to ‘but’ in line 21 and insert |
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| ‘dealt with by such a court for any offence other than the offence and any connected |
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| offence on only one previous occasion’. |
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| Clause 21, page 16, line 19, 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 21, leave out from ‘offence’ to end of line 22 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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