House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Consideration of Bill: 9th January 2008
224

Criminal Justice and Immigration Bill, continued

(b)
the number of other days on which the offender’s bail was

subject to those conditions (excluding the last day on which it

was so subject),


rounded up to the nearest whole number.

(4)
Subsection (2) does not apply if and to the extent that—

(a)
rules made by the Secretary of State so provide, or

(b)
it is in the opinion of the court just in all the circumstances not to

give a direction under that subsection.

(5)
Where as a result of paragraph (a) or (b) of subsection (4) the court does

not give a direction under subsection (2), it may give a direction in

accordance with either of those paragraphs to the effect that a period of

days which is less than the credit period is to count as time served by the

offender as part of the sentence.

(6)
Rules made under subsection (4)(a) may, in particular, make provision in

relation to—

(a)
sentences of imprisonment for consecutive terms;

(b)
sentences of imprisonment for terms which are wholly or partly

concurrent;

(c)
periods during which a person granted bail subject to the relevant

conditions is also subject to electronic monitoring required by an

order made by a court or the Secretary of State.

(7)
In considering whether it is of the opinion mentioned in subsection (4)(b)

the court must, in particular, take into account whether or not the offender

has, at any time whilst on bail subject to the relevant conditions, broken

either or both of them.

(8)
Where the court gives a direction under subsection (2) or (5) it shall state

in open court—

(a)
the number of days on which the offender was subject to the

relevant conditions, and

(b)
the number of days in relation to which the direction is given.

(9)
Subsection (10) applies where the court—

(a)
does not give a direction under subsection (2) but gives a

direction under subsection (5), or

(b)
decides not to give a direction under this section.

(10)
The court shall state in open court—

(a)
that its decision is in accordance with rules made under

paragraph (a) of subsection (4), or

(b)
that it is of the opinion mentioned in paragraph (b) of that

subsection and what the circumstances are.

(11)
Subsections (7) to (10) of section 240 apply for the purposes of this

section as they apply for the purposes of that section but as if—

(a)
in subsection (7)—

(i)
the reference to a suspended sentence is to be read as

including a reference to a sentence to which an order

under section 118(1) of the Sentencing Act relates;

(ii)
in paragraph (a) after “Schedule 12” there were inserted

“or section 119(1)(a) or (b) of the Sentencing Act”; and

Consideration of Bill: 9th January 2008
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Criminal Justice and Immigration Bill, continued

(b)
in subsection (8) the reference to subsection (3) of section 240 is

to be read as a reference to subsection (2) of this section and, in

paragraph (b), after “Chapter” there were inserted “or Part 2 of

the Criminal Justice Act 1991”.

(12)
In this section—

“electronic monitoring condition” means any electronic monitoring

requirements imposed under section 3(6ZAA) of the Bail Act 1976 for

the purpose of securing the electronic monitoring of a person’s

compliance with a qualifying curfew condition;

“qualifying curfew condition” means a condition of bail which requires the

person granted bail to remain at one or more specified places for a total

of not less than 9 hours in any given day; and

“related offence” means an offence, other than the offence for which the

sentence is imposed (“offence A”), with which the offender was charged

and the charge for which was founded on the same facts or evidence as

offence A.”

(5)
In section 241 (effect of direction under section 240 of that Act) after the words

“section 240”, in each place where they occur (including in the title), insert “or

240A”.

(6)
In section 242 (interpretation of sections 240 and 241), in the title and in

subsection (1), after “sections 240” insert “, 240A”.

(7)
In section 330 (Parliamentary procedure for subordinate legislation made under

that Act), in subsection (5)(d), after “section 240(4)(a)” insert “or 240A(4)(a)”.’.

Credit for period of remand on bail: other cases

Secretary Jack Straw

NC27

To move the following Clause:—

‘(1)
The Criminal Justice Act 2003 (c. 44) is amended in accordance with subsections

(2) and (3).

(2)
In section 246(4) (exceptions to power to release prisoner on licence before

required to do so), in paragraph (i), after “section 240” insert “or 240A”.

(3)
In section 269(3) (part of mandatory life prisoner’s sentence to be specified for

purposes of early release provisions), in paragraph (b), before “if” insert “or

under section 240A (crediting periods of remand on bail spent subject to certain

types of condition)”.

(4)
In paragraph 2 of Schedule 2 to the Criminal Appeal Act 1968 (c. 19) (sentence

on conviction at retrial), in sub-paragraph (4), for the words from the beginning

to “custody:” substitute “Sections 240 and 240A of the Criminal Justice Act 2003

(crediting of periods of remand in custody or on bail subject to certain types of

condition:”.

(5)
In section 82A(3) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

(part of discretionary life prisoner’s sentence to be specified for purposes of early

release provisions), in paragraph (b), before “if” insert “or under section 240A of

that Act of 2003 (crediting periods of remand on bail subject to certain types of

condition)”.

(6)
In section 101 of that Act (detention and training orders: taking account of

remand etc.)—

Consideration of Bill: 9th January 2008
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Criminal Justice and Immigration Bill, continued

(a)
in subsection (8) for “in custody” substitute “—

(a)
in custody, or

(b)
on bail subject to a qualifying curfew condition and an

electronic monitoring condition (within the meaning of

section 240A of the Criminal Justice Act 2003),”; and

(b)
in subsection (9) for “in custody” substitute “as mentioned in that

subsection”.

(7)
In paragraph 2(1) of Schedule 7 to the International Criminal Court Act 2001

(c. 17) (provisions of law of England and Wales affecting length of sentence

which are not applicable to ICC prisoners), for paragraph (d) substitute—

“(d)
sections 240 and 240A of the Criminal Justice Act 2003

(crediting of periods spent on remand in custody or on bail

subject to certain types of condition: terms of imprisonment and

detention).”’.

Credit for period of remand on bail: transitional provisions

Secretary Jack Straw

NC28

To move the following Clause:—

‘Schedule (Credit for period of remand on bail: transitional provisions) (which,

for the purposes of certain repealed provisions which continue to have effect in

relation to persons convicted of certain offences, makes provision similar to that

made by sections (Credit for period of remand on bail: terms of imprisonment

and detention) and (Credit for period of remand on bail: other cases)) has

effect.’.

Sentences of imprisonment for public protection

Secretary Jack Straw

NC29

To move the following Clause:—

‘(1)
In section 225 of the Criminal Justice Act 2003 (c. 44) (life sentence or

imprisonment for public protection), for subsection (3) substitute—

“(3)
In a case not falling within subsection (2), the court may impose a

sentence of imprisonment for public protection if the condition in

subsection (3A) or the condition in subsection (3B) is met.

(3A)
The condition in this subsection is that, at the time when the offence was

committed, the offender had been convicted in any part of the United

Kingdom of an offence specified in Schedule 15A.

(3B)
The condition in this subsection is that the notional minimum term is at

least two years.

Consideration of Bill: 9th January 2008
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Criminal Justice and Immigration Bill, continued

(3C)
The notional minimum term is the part of the sentence that the court

would specify under section 82A(2) of the Sentencing Act

(determination of tariff) if it imposed a sentence of imprisonment for

public protection but was required to disregard the matter mentioned in

section 82A(3)(b) of that Act (crediting periods of remand).”

(2)
After Schedule 15 to that Act, insert the Schedule set out in Schedule (Offences

specified for the purposes of sections 225(3A) and 227(2A) of the Criminal

Justice Act 2003) to this Act.’.

Sentences of detention for public protection

Secretary Jack Straw

NC30

To move the following Clause:—

‘In section 226 of the Criminal Justice Act 2003 (c. 44) (detention for life or

detention for public protection), for subsection (3) substitute—

“(3)
In a case not falling within subsection (2), the court may impose a

sentence of detention for public protection if the notional minimum term

is at least two years.

(3A)
The notional minimum term is the part of the sentence that the court

would specify under section 82A(2) of the Sentencing Act

(determination of tariff) if it imposed a sentence of detention for public

protection but was required to disregard the matter mentioned in section

82A(3)(b) of that Act (crediting periods of remand).” ’.

Extended sentences for certain violent or sexual offences: persons 18 or over

Secretary Jack Straw

NC31

To move the following Clause:—

‘(1)
Section 227 of the Criminal Justice Act 2003 (c. 44) (extended sentence for

certain violent or sexual offences: persons 18 or over) is amended as follows.

(2)
In subsection (1)—

(a)
in paragraph (a) the words “, other than a serious offence,” are omitted,

and

(b)
after paragraph (b) insert “, but

(c)
the court is not required by section 225(2) to impose a

sentence of imprisonment for life.”

(3)
In subsection (2) —

(a)
for “The court must” substitute “The court may”, and

(b)
for the words from “that is to say” to the end substitute “if the condition

in subsection (2A) or the condition in subsection (2B) is met.”

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(4)
After subsection (2) insert—

“(2A)
The condition in this subsection is that, at the time the offence was

committed, the offender had previously been convicted in any part of the

United Kingdom of an offence specified in Schedule 15A.

(2B)
The condition in this subsection is that, if the court were to impose an

extended sentence of imprisonment, the term that it would specify as the

appropriate custodial term would be at least 4 years.

(2C)
An extended sentence of imprisonment is a sentence of imprisonment the

term of which is equal to the aggregate of—

(a)
the appropriate custodial term, and

(b)
a further period (“the extension period”) for which the offender

is to be subject to a licence and which is of such length as the

court considers necessary for the purpose of protecting members

of the public from serious harm occasioned by the commission

by him of further specified offences.”

(5)
In subsection (3) for “subsection (2)” substitute “subsections (2B) and (2C)”.

(6)
After subsection (5) insert—

“(6)
The Secretary of State may by order amend subsection (2B) so as to

substitute a different period for the period for the time being specified in

that subsection.” ’.

Extended sentences for certain violent or sexual offences: persons under 18

Secretary Jack Straw

NC32

To move the following Clause:—

‘(1)
Section 228 of the Criminal Justice Act 2003 (c. 44) (extended sentence for

certain violent or sexual offences: persons under 18) is amended as follows.

(2)
In subsection (1)(b)(ii) the words from “or by section 226(3)” to the end are

omitted.

(3)
In subsection (2) —

(a)
for “The court must” substitute “The court may”, and

(b)
for the words from “, that is to say” to the end substitute “if the condition

in subsection (2A) is met.”

(4)
After subsection (2) insert—

“(2A)
The condition in this subsection is that, if the court were to impose an

extended sentence of detention, the term that it would specify as the

appropriate custodial term would be at least 4 years.

(2B)
An extended sentence of detention is a sentence of detention the term of

which is equal to the aggregate of—

(a)
the appropriate custodial term, and

(b)
a further period (“the extension period”) for which the offender

is to be subject to a licence and which is of such length as the

court considers necessary for the purpose of protecting members

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Criminal Justice and Immigration Bill, continued

of the public from serious harm occasioned by the commission

by him of further specified offences.”

(5)
In subsection (3)—

(a)
for “subsection (2)” substitute “subsections (2A) and (2B)”, and

(b)
paragraph (a) is omitted.

(6)
After subsection (6) insert—

“(7)
The Secretary of State may by order amend subsection (2A) so as to

substitute a different period for the period for the time being specified in

that subsection.” ’.

The assessment of dangerousness

Secretary Jack Straw

NC33

To move the following Clause:—

‘(1)
Section 229 of the Criminal Justice Act 2003 (c. 44) (the assessment of

dangerousness) is amended as follows.

(2)
In subsection (2)—

(a)
the words from the beginning to “18” are omitted,

(b)
after paragraph (a) insert—

“(aa)
may take into account all such information as is

available to it about the nature and circumstances of any

other offences of which the offender has been convicted

in any part of the United Kingdom,”, and

(c)
in paragraph (b) for “the offence” substitute “any of the offences

mentioned in paragraph (a) or (aa)”.

(3)
Subsections (3) and (4) are omitted.

(4)
Schedules 16 and 17 of that Act are omitted.’.

Further amendments relating to sentences for public protection

Secretary Jack Straw

NC34

To move the following Clause:—

‘(1)
In section 231 of the Criminal Justice Act 2003 (c. 44) (appeals where previous

convictions set aside), for subsection (1) substitute—

“(1)
This section applies where—

(a)
a sentence has been imposed on any person under section 225(3)

or 227(2),

(b)
the condition in section 225(3A) or (as the case may be) 227(2A)

was met but the condition in section 225(3B) or (as the case may

be) 227(2B) was not, and

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(c)
any previous conviction of his without which the condition in

section 225(3A) or (as the case may be) 227(2A) would not have

been met has been subsequently set aside on appeal.”

(2)
In section 232 (certificates for purposes of section 229)—

(a)
in the heading for “section 229” substitute “sections 225 and 227”,

(b)
in paragraph (a)—

(i)
for “the commencement of this section” substitute “the

commencement of Schedule 15A”, and

(ii)
for “a relevant offence” substitute “an offence specified in that

Schedule”, and

(c)
for “section 229” substitute “sections 225(3A) and 227(2A)”.

(3)
Section 234 of that Act (determination of day when offence committed) is

omitted.’.

Release on licence of prisoners serving extended sentences

Secretary Jack Straw

NC35

To move the following Clause:—

‘(1)
Section 247 of the Criminal Justice Act 2003 (c. 44) (release on licence of

prisoner serving extended sentence) is amended as follows.

(2)
In subsection (2)—

(a)
the word “and” at the end of paragraph (a) is omitted, and

(b)
paragraph (b) is omitted.

(3)
Subsections (3), (4), (5) and (6) are omitted.’.

Restriction on power to make a community order

Secretary Jack Straw

nc45

To move the following Clause:—

‘(1)
After section 150 of the Criminal Justice Act 2003 (c. 44) (community sentence

not available where sentence fixed by law etc.) insert—

“150A
Community order available only for offences punishable with

imprisonment or for persistent offenders previously fined

(1)
The power to make a community order is only exercisable in respect of

an offence if—

(a)
the offence is punishable with imprisonment; or

(b)
in any other case, section 151(2) confers power to make such an

order.”