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‘(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:”.


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(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.)—

(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).”’.— [Mr. Hanson.]

Brought up, read the First and Second time, and added to the Bill.

New Clause 28


Credit for period of remand on bail: transitional provisions

‘Schedule (Credit for period of remand on bail: transitional provisions) (which, for the purposes of certain repealed provisions which continue to have effect in relation to persons convicted of certain offences, makes provision similar to that made by sections (Credit for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.’.— [Mr. Hanson.]

Brought up, read the First and Second time, and added to the Bill.

New Clause 29


Sentences of imprisonment for public protection

‘(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.

(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.’.— [Mr. Hanson.]

Brought up, read the First and Second time, and added to the Bill.


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New Clause 30


Sentences of detention for public protection

‘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).” ’.— [Mr. Hanson.]

Brought up, read the First and Second time, and added to the Bill.

New Clause 31


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

‘(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.”

(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.” ’.— [Mr. Hanson.]

Brought up, read the First and Second time, and added to the Bill.


9 Jan 2008 : Column 391

New Clause 32


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

‘(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 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.” ’.— [Mr. Hanson.]

Brought up, read the First and Second time, and added to the Bill.

New Clause 33


The assessment of dangerousness

‘(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.’.— [Mr. Hanson.]

Brought up, read the First and Second time, and added to the Bill.


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New Clause 34


Further amendments relating to sentences for public protection

‘(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

(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.’.— [Mr. Hanson.]

Brought up, read the First and Second time, and added to the Bill.

New Clause 35


Release on licence of prisoners serving extended sentences

‘(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.’.— [Mr. Hanson.]

Brought up, read the First and Second time, and added to the Bill.

New Clause 45


Restriction on power to make a community order

‘(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.”

(2) For the purposes of this section and section 151 an offence triable either way that was tried summarily is to be regarded as punishable with imprisonment only if it is so punishable by the sentencing court (and for this purpose section 148(1) is to be disregarded).”


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(2) Section 151 of that Act (community order for persistent offender previously fined) is amended as follows.

(3) Before subsection (1) insert—

“(A1) Subsection (2) provides for the making of a community order by the court in respect of an offence committed by a person aged 16 or over (“the current offence”) in cases where—

(a) the current offence is punishable with imprisonment, but the court would not otherwise form the opinion required by section 148(1); or

(b) the current offence is not punishable with imprisonment.”

(4) In subsection (1)—

(a) at the beginning insert “Where the current offence is punishable with imprisonment,”.

(b) for paragraph (a) substitute—

“(a) the offender was aged 16 or over when he was convicted;”;

(c) in paragraph (b) for “he” substitute “the offender”.

(5) After subsection (1) insert—

“(1A) Where the current offence is not punishable with imprisonment, subsection (2) applies where—

(a) the offender was aged 16 or over when he was convicted; and

(b) on three or more previous occasions the offender has, on conviction by a court in the United Kingdom of any offence committed by him after attaining the age of 16, had passed on him a sentence consisting only of a fine.”

(6) In subsection (3)(a) after “(1)(b)” insert “or (1A)(b) (as the case may be)”.

(7) In subsections (4), (5) and (6), for “subsection (1)(b)” insert “subsections (1)(b) and (1A)(b)”.

(8) In section 166 of that Act (savings for powers to mitigate etc.), in subsection (1)(a), after “148” insert “or 151(2)”.’.— [Mr. Hanson.]

Brought up, read the First and Second time, and added to the Bill.

New Clause 46


Bail for summary offences and certain other offences to be tried summarily

‘Schedule (Bail for summary offences and certain other offences to be tried summarily)—

(a) imposes a duty on a magistrates’ court considering whether to withhold or grant bail in relation to a person under 18 accused of an offence mentioned in Schedule 2 to the Magistrates’ Courts Act 1980 (c. 43) (offences for which the value involved is relevant to the mode of trial) to consider the value involved in the offence; and

(b) amends Schedule 1 to the Bail Act 1976 (persons entitled to bail: supplementary provisions).’.— [Mr. Hanson.]

Brought up, read the First and Second time, and added to the Bill.

New Clause 47


Release of fine defaulters and contemnors under Criminal Justice Act 1991

‘(1) Section 45 of the Criminal Justice Act 1991 (c. 53) (fine defaulters and contemnors) is amended as follows.

(2) In subsection (2) after “(3)” insert “, (3A)”.

(3) In subsection (3)—


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(a) for “the following subsections” substitute “the following subsection”, and

(b) in the substituted text, subsection (2) is omitted.

(4) After subsection (3) insert—

“(3A) In section 36 above—

(a) in subsection (1) for “on licence” there shall be substituted “unconditionally”, and

(b) subsection (2) shall be omitted.

(5) Subsection (4) is omitted.’.— [Mr. Hanson.]

Brought up, read the First and Second time, and added to the Bill.

New Clause 48


Early release of certain long-term prisoners under Criminal Justice Act 1991

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