339

House of Commons

Tuesday 20th November 2007

Public Bill Committee

New Amendments handed in are marked thus

Other Amendments not tabled within the required notice period are marked thus

Criminal Justice and Immigration Bill

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Note

The Amendments have been arranged in accordance with the Order of the

Committee [16th October].

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

David Howarth

Mr David Heath

10

Page  8,  line  1,  leave out Clause 10.

Mr David Hanson

20

Clause  11,  page  8,  line  24,  leave out second ‘community’ and insert

‘rehabilitation’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

11

Page  8,  line  17,  leave out Clause 11.

Public Bill Committee: 20th November 2007

340

Criminal Justice and Immigration Bill, continued

Mr David Heath

David Howarth

137

Clause  12,  page  8,  line  34,  after ‘below,’, insert ‘if the offender is over the age of

18 years,’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

16

Page  8,  line  28,  leave out Clause 12.

Mr David Hanson

175

Clause  13,  page  9,  leave out lines 39 to 41 and insert—

“(1A)

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

(a)	a term of imprisonment for an offence committed before 4 April 2005, or

(b)	a term of imprisonment of less than 12 months for an offence committed

on or after that date,

as it applies to the imposition of any other term of imprisonment.’.

Mr David Hanson

176

Clause  13,  page  9,  line  46,  at end insert—

‘(5)	Any saving by virtue of which section 84 of the Powers of Criminal Courts

(Sentencing) Act 2000 (c. 6) (restrictions on consecutive sentences for released

prisoners) continues to apply in certain cases (despite the repeal of that section by

the Criminal Justice Act 2003) shall cease to have effect.’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

17

Page  9,  line  19,  leave out Clause 13.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

12

Clause  15,  page  10,  line  25,  at end add—

‘(2A)

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

prisoner 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.’.

Public Bill Committee: 20th November 2007

341

Criminal Justice and Immigration Bill, continued

Mr David Hanson

74

Clause  16,  page  10,  line  31,  leave out subsection (2) and insert—

‘(2)	After section 255 of that Act (recall of prisoners released early under section 246)

insert—

“255A

Further release after recall: introductory

(1)	This section applies for the purpose of identifying which of sections

255B to 255D governs the further release of a person who has been

recalled under section 254 (“the prisoner”).

(2)	The prisoner is eligible to be considered for automatic release unless—

(a)	he is an extended sentence prisoner or a specified offence

prisoner; or

(b)	he has, during the same term of imprisonment, already been

released under section 255B(1)(b) or (2) or section 255C(2).

(3)	If the prisoner is eligible to be considered for automatic release the

Secretary of State must, on recalling him, consider whether he is suitable

for automatic release.

(4)	For this purpose “automatic release” means release at the end of the

period of 28 days beginning with the date on which the prisoner is

returned to prison.

(5)	The person is suitable for automatic release only if the Secretary of State

is satisfied that he will not present a risk of serious harm to members of

the public if he is released at the end of that period.

(6)	The prisoner must be dealt with—

(a)	in accordance with section 255B if he is suitable for automatic

release;

(b)	in accordance with section 255C if he is eligible to be considered

for automatic release but was not considered to be suitable for it;

(c)	in accordance with section 255C if he is a specified offence

prisoner;

(d)	in accordance with section 255D if he is an extended sentence

prisoner.

(7)	The prisoner is an “extended sentence prisoner” if he is serving an

extended sentence imposed under section 227 or 228 of this Act, section

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

Criminal Courts (Sentencing) Act 2000.

(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—

Public Bill Committee: 20th November 2007

342

Criminal Justice and Immigration Bill, continued

(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

(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—

Public Bill Committee: 20th November 2007

343

Criminal Justice and Immigration Bill, continued

(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  43,  at end insert ‘, subject to the agreement of a Crown

Court judge’.

Mr David Heath

David Howarth

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

138

Clause  16,  page  11,  line  23,  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 33 and 34.

Public Bill Committee: 20th November 2007

344

Criminal Justice and Immigration Bill, continued

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

84

Clause  16,  page  12,  line  2,  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  12,  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 22 and 23.

Mr David Hanson

75

Clause  16,  page  12,  line  38,  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 43 and 44 and insert—

‘“	section 255A(9),

section 255C(7),”.’.

Mr David Hanson

77

Clause  17,  page  13,  line  8,  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  30,  after ‘may,’, insert ‘with the approval of the Lord

Public Bill Committee: 20th November 2007

345

Criminal Justice and Immigration Bill, continued

Chief Justice or a judge designated by him,’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

87

Clause  19,  page  14,  line  38,  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  38,  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  19,  leave out from ‘been’ to ‘but’ in line 21 and insert

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

offence on only one previous occasion’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

140

Clause  21,  page  16,  line  19,  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  21,  leave out from ‘offence’ to end of line 22 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—

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Revised 20 November 2007