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| | Tuesday 20th November 2007 |
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| | Criminal Justice and Immigration Bill
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| | [Ninth and tenth sittings]
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| | Page 8, line 1, leave out Clause 10. |
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| | | Clause Agreed to on division. |
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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, as amended, Agreed to. |
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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, as amended, Agreed to. |
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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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