|
| |
|
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 rehabilitation 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) | a term of imprisonment for an offence committed before |
| 40 |
| |
(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 |
| |
| 45 |
|
| |
|
| |
|
(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 |
| |
days specified under section 183(1)(a) have been served).” |
| 5 |
(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. |
| |
14 | Minimum conditions for early release under section 246(1) of the Criminal |
| 10 |
| |
In section 246(2) of the Criminal Justice Act 2003 (c. 44) (minimum conditions |
| |
for early release of fixed-term prisoner other than intermittent custody |
| |
prisoner) for paragraph (b) substitute “and |
| |
| 15 |
(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 |
| |
| |
(1) | The following provisions of Part 2 of the Criminal Justice Act 1991 (c. 53) |
| 20 |
(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 |
| |
a Parole Board recommendation), and |
| 25 |
(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. |
| |
1998/3218) applies to prisoners liable to removal as it applies to other |
| 30 |
| |
(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 |
| |
| |
16 | Release of prisoners after recall |
| 35 |
(1) | In section 254 of the Criminal Justice Act 2003 (recall of prisoners while on |
| |
| |
(a) | subsections (3) to (5) cease to have effect; |
| |
(b) | in subsection (7) for “subsections (2) to (6)” substitute “this section”. |
| |
(2) | After section 255 of that Act (recall of prisoners released early under section |
| 40 |
|
| |
|
| |
|
| |
“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”). |
| 5 |
(2) | The prisoner is eligible to be considered for automatic release unless— |
| |
(a) | he is an extended sentence prisoner or a specified offence |
| |
| |
(b) | he has, during the same term of imprisonment, already been |
| |
released under section 255B(1)(b) or (2) or section 255C(2). |
| 10 |
(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 |
| 15 |
| |
(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— |
| 20 |
(a) | in accordance with section 255B if he is suitable for automatic |
| |
| |
(b) | in accordance with section 255C if he is eligible to be considered |
| |
for automatic release but was not considered to be suitable for |
| |
| 25 |
(c) | in accordance with section 255C if he is a specified offence |
| |
| |
(d) | in accordance with section 255D if he is an extended sentence |
| |
| |
(7) | The prisoner is an “extended sentence prisoner” if he is serving an |
| 30 |
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 |
| 35 |
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 |
| 40 |
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— |
| |
(i) | to serve in prison, or |
| 45 |
| |
|
| |
|
| |
|
(11) | In subsection (5) “serious harm” means death or serious personal |
| |
injury, whether physical or psychological. |
| |
| |
(1) | A prisoner who is suitable for automatic release must— |
| |
(a) | on his return to prison, be informed that he will be released |
| 5 |
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 |
| 10 |
| |
(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 |
| |
| |
(3) | The Secretary of State must not release a person under subsection (2) |
| 15 |
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 |
| 20 |
Secretary of State must refer his case to the Board on the making of |
| |
| |
(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. |
| 25 |
(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 |
| 30 |
183(1)(b) in the intermittent custody order. |
| |
255C | Specified offence prisoners and those not suitable for automatic |
| |
| |
(1) | This section applies to a prisoner who— |
| |
(a) | is a specified offence prisoner, or |
| 35 |
(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) |
| 40 |
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— |
| |
(a) | if the person makes representations under section 254(2) before |
| 45 |
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 |
| |
under subsection (2) and has not made such representations, at |
| |
| 5 |
(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 |
| 10 |
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 |
| 15 |
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 |
| |
| |
(2) | Where on a reference under subsection (1) relating to any person the |
| 20 |
Board recommends his immediate release on licence under this |
| |
Chapter, the Secretary of State must give effect to the |
| |
| |
(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 255B(4), 255C(4) |
| 25 |
| |
(4) | In section 330 of that Act (orders and rules) in subsection (5)(a) (statutory |
| |
instruments subject to the affirmative resolution procedure) at the appropriate |
| |
| |
| 30 |
| |
17 | Further review and release of prisoners after recall |
| |
(1) | Section 256 of the Criminal Justice Act 2003 (c. 44) (further release after recall) |
| |
| |
(2) | In subsection (1) for paragraph (b) substitute— |
| 35 |
“(b) | determine the reference by making no recommendation as to |
| |
| |
(3) | In subsection (2) omit “or (b)”. |
| |
(4) | Subsections (3) and (5) cease to have effect. |
| |
(5) | In consequence of the amendments made by section 16 and this section, the |
| 40 |
heading to section 256 becomes “Review by the Board”. |
| |
|
| |
|
| |
|
(6) | After section 256 insert— |
| |
| |
(1) | The Secretary of State must, not later than the first anniversary of a |
| |
determination by the Board under section 256(1) or subsection (4) |
| |
below, refer the person’s case to the Board. |
| 5 |
(2) | The Secretary of State may, at any time before that anniversary, refer |
| |
the person’s case to the Board. |
| |
(3) | The Board may at any time recommend to the Secretary of State that a |
| |
person’s case be referred under subsection (2). |
| |
(4) | On a referral under subsection (1) or (2), the Board must determine the |
| 10 |
| |
(a) | recommending the person’s immediate release on licence under |
| |
| |
(b) | fixing a date for his release on licence, or |
| |
(c) | making no recommendation as to his release.” |
| 15 |
18 | Recall of life prisoners: abolition of requirement for recommendation by |
| |
| |
(1) | Section 32 of the Crime (Sentences) Act 1997 (c. 43) (recall of life prisoners |
| |
while on licence) is amended as follows. |
| |
(2) | For subsections (1) and (2) (power of Secretary of State to revoke licence) |
| 20 |
| |
“(1) | The Secretary of State may, in the case of any life prisoner who has been |
| |
released on licence under this Chapter, revoke his licence and recall |
| |
| |
(3) | In subsection (3) (representations by prisoner) for “subsection (1) or (2) above” |
| 25 |
substitute “this section”. |
| |
(4) | In subsection (4) (reference to Parole Board by Secretary of State) for |
| |
paragraphs (a) and (b) substitute “the case of a life prisoner recalled under this |
| |
| |
Early removal of prisoners from the United Kingdom |
| 30 |
19 | Removal under Criminal Justice Act 1991 (offences before 4th April 2005 etc.) |
| |
(1) | Part 2 of the Criminal Justice Act 1991 (c. 53) (early release of prisoners) is |
| |
| |
(2) | After section 46 insert— |
| |
“46ZA | Persons eligible for removal from the United Kingdom |
| 35 |
(1) | For the purposes of section 46A below, to be “eligible for removal from |
| |
the United Kingdom” a person must show, to the satisfaction of the |
| |
Secretary of State, that the condition in subsection (2) is met. |
| |
|
| |
|