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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, as amended, Agreed to. |
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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, as amended, Agreed to. |
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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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| | (a) | a member of a youth offending team, |
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| | (b) | an officer of a local probation team, or |
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| | (c) | a social worker of a local authority.’. |
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| | Clause, as amended, Agreed to. |
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| Clause 22, page 16, line 35, leave out ‘20’ and insert ‘50’. |
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| Clause 22, page 16, line 35, leave out ‘20’ and insert ‘45’. |
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| Clause 22, page 16, line 35, leave out ‘20’ and insert ‘35’. |
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| Clause 22, page 16, line 35, leave out ‘20’ and insert ‘30’. |
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| Clause 22, page 16, line 35, leave out ‘20’ and insert ‘25’. |
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| Clause 22, page 16, line 43, leave out ‘20’ and insert ‘50’. |
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| Clause 22, page 16, line 43, leave out ‘20’ and insert ‘45’. |
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| Clause 22, page 16, line 43, leave out ‘20’ and insert ‘35’. |
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| Clause 22, page 16, line 43, leave out ‘20’ and insert ‘30’. |
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| Clause 22, page 16, line 43, leave out ‘20’ and insert ‘25’. |
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| Schedule 5, page 155, line 7, leave out ‘“convicted”’ and insert ‘“conviction”’. |
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| Schedule 5, page 155, line 17, leave out ‘and’ and insert— |
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| | ‘(aa) | in paragraph (b), for the words following “conviction” there were |
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| | substituted “must be, in the case of an amount in default which is |
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| | specified in the first column of the following Table, not more than the |
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| | number of hours set out opposite that amount in the second column. |
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| | | | | | | | | | | | | | | An amount not exceeding £250 |
| | | | | An amount exceeding £250 but |
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| Schedule 5, page 155, line 18, leave out ‘18”’ and insert ‘12”’. |
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| Schedule 5, page 155, line 26, leave out ‘12’ and insert ‘10’. |
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| Schedule 5, page 155, line 28, leave out ‘16”’ and insert ‘12”’. |
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| | Schedule, as amended, Agreed to. |
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| Clause 26, page 19, leave out lines 33 to 38 and insert— |
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| | ‘“(1A) | For the purposes of subsection (1)(a), the conviction is not unsafe if the Court |
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| | think that there is no reasonable doubt about the appellant’s guilt. |
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| | (1B) | Subsection (1A) does not require the Court to dismiss the appeal if they think that |
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| | it would seriously undermine the proper administration of justice to allow the |
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| Clause 26, page 19, line 34, at end insert ‘and they have a certificate from the trial |
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| judge confirming that the evidence heard by him and the jury was sufficient to prove the |
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| prosecution case and that he had admitted and the jury had considered, and been directed |
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| by him in relation to, the relevance of any evidence of the procedural or other |
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| Clause 26, page 19, line 38, at end insert— |
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| | ‘(2A) | In section 13 (disposal of appeal against verdict of not guilty by reason of |
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| | insanity), after subsection (1) insert— |
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| | “(1A) | For the purposes of subsection (1)(a), the verdict shall not be regarded as |
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| | unsafe for a reason unrelated to the correctness of the finding of insanity |
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| | if the Court think that there is no reasonable doubt that the accused did |
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| | the act or made the omission charged. |
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| | (1B) | Subsection (1A) does not require the Court to dismiss the appeal if they |
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| | think that it would seriously undermine the proper administration of |
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| | justice to allow the verdict to stand.” |
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| | (2B) | In section 16 (disposal of appeal against finding of disability), after subsection (1) |
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| | “(1A) | For the purposes of subsection (1)(a), a finding shall not be regarded as |
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| | unsafe for a reason unrelated to the correctness of the finding that the |
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| | accused is under a disability if the Court think that there is no reasonable |
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| | doubt that the accused did the act or made the omission charged. |
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| | (1B) | Subsection (1A) does not require the Court to dismiss the appeal if they |
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| | think that it would seriously undermine the proper administration of |
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| | justice to allow the finding to stand.”’. |
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| Clause 26, page 20, line 5, leave out ‘against conviction’ and insert ‘under this |
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| Clause 26, page 20, leave out line 14 and add ‘may, as the Court think fit in the interests |
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| of justice in that case, either direct that there be a retrial or that the appellant be |
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| Clause 26, page 20, line 14, at end add ‘, who must initiate or not initiate such |
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| criminal or civil proceedings (or both) as he thinks best suit the justice of the case (taking |
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| into account the impact on the victim of the offence or his family of his decision either to |
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| proceed or not) and which decision either to proceed or not will provide the most suitable |
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| redress to the subject of such misconduct, deter any such misconduct in the future and |
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| restore public confidence in the criminal justice system.”’. |
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