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Criminal Justice and Immigration Bill


Criminal Justice and Immigration Bill
Part 2 — Sentencing

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(3)   

The “credit period” is the number of days represented by half of the

sum of—

(a)   

the day on which the offender’s bail was first subject to

conditions that, had they applied throughout the day in

question, would have been relevant conditions, and

5

(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—

10

(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

15

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—

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(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

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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.

30

(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.

35

(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—

40

(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

45

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

(a)   

in subsection (7)—

 
 

Criminal Justice and Immigration Bill
Part 2 — Sentencing

16

 

(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

5

(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—

10

“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;

15

“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

20

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

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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

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240A(4)(a)”.

22      

Credit for period of remand on bail: other cases

(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

35

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)”.

40

(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

 
 

Criminal Justice and Immigration Bill
Part 2 — Sentencing

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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.)—

5

(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

10

(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—

15

“(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).”

23      

Credit for period of remand on bail: transitional provisions

20

Schedule 6 (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 21 and 22) has effect.

24      

Minimum conditions for early release under section 246(1) of the Criminal

Justice Act 2003

25

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

(b)   

he has served—

(i)   

at least 4 weeks of that period, and

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(ii)   

at least one-half of that period.”

25      

Release on licence of prisoners serving extended sentences

(1)   

Section 247 of the Criminal Justice Act 2003 (release on licence of prisoner

serving extended sentence) is amended as follows.

(2)   

In subsection (2)—

35

(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.

26      

Release of certain long-term prisoners under Criminal Justice Act 1991

(1)   

Part 2 of the Criminal Justice Act 1991 (c. 53) (early release of prisoners:

40

offences committed before 4th April 2005) is amended as follows.

 
 

Criminal Justice and Immigration Bill
Part 2 — Sentencing

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(2)   

In section 33 (duty to release short-term and long-term prisoners), after

subsection (1) insert—

“(1A)   

As soon as a long-term prisoner has served one-half of his sentence, it

shall be the duty of the Secretary of State to release him on licence.

(1B)   

Subsection (1A) does not apply to a long-term prisoner if the offence or

5

one of the offences in respect of which he is serving the sentence is

specified in Schedule 15 to the Criminal Justice Act 2003 (specified

violent offences and specified sexual offences).”

(3)   

In that section, in subsection (2) after “a long-term prisoner” insert “to whom

subsection (1A) does not apply”.

10

(4)   

In section 35 (power to release long-term prisoners etc.) after subsection (1)

insert—

“(1A)   

Subsection (1) does not apply to a long-term prisoner to whom section

33(1A) applies.”.

(5)   

In section 37 (duration and conditions of licences)—

15

(a)   

in subsection (1), for “(1B) and (2)” substitute “(1B), (2) and (8)”, and

(b)   

after subsection (7) insert—

“(8)   

This section does not apply in relation to a long-term prisoner

to whom section 33(1A) applies (provision as to the duration

and conditions of licences for such prisoners being made by

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section 37ZA).”

(6)   

After section 37 insert—

“37ZA   

Duration and conditions of licences under section 33(1A) etc.

(1)   

Where a long-term prisoner is released on licence under section 33(1A),

the licence shall (subject to any revocation under section 254 of the 2003

25

Act) remain in force for the remainder of the sentence.

(2)   

Section 250(1), (4) and (8) of the 2003 Act apply in relation to a licence

under section 33(1A) of this Act as they apply in relation to a licence

under Chapter 6 of Part 12 of the 2003 Act in respect of a prisoner

serving a sentence of imprisonment for a term of twelve months or

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more.

(3)   

A person subject to a licence under section 33(1A) must comply with

such conditions as may for the time being be specified in the licence.

(4)   

The reference in section 254(1) of the 2003 Act to a person who has been

released on licence under Chapter 6 of Part 12 of that Act includes a

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reference to a person released on licence under section 33(1A).

(5)   

In this section, “the 2003 Act” means the Criminal Justice Act 2003.”

27      

Application of section 35(1) of the Criminal Justice Act 1991 to prisoners liable

to removal from the UK

(1)   

The following provisions of Part 2 of the Criminal Justice Act 1991 (c. 53)

40

(which apply to persons sentenced for offences committed before 4th April

2005) cease to have effect—

 
 

Criminal Justice and Immigration Bill
Part 2 — Sentencing

19

 

(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

(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

5

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

prisoners.

(2)   

In this section “prisoners liable to removal” means prisoners liable to removal

10

from the United Kingdom (within the meaning of section 46(3) of the Criminal

Justice Act 1991 (c. 53)).

28      

Release of fine defaulters and contemnors under Criminal Justice Act 1991

(1)   

Section 45 of the Criminal Justice Act 1991 (fine defaulters and contemnors:

persons committed to prison before 4th April 2005) is amended as follows.

15

(2)   

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

(3)   

In subsection (3)—

(a)   

for “the following subsections” substitute “the following subsection”,

and

(b)   

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

20

(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.”

25

(5)   

Subsection (4) is omitted.

29      

Release of prisoners after recall

(1)   

In section 254 of the Criminal Justice Act 2003 (c. 44) (recall of prisoners while

on licence)—

(a)   

subsections (3) to (5) cease to have effect;

30

(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

246) insert—

“255A   

 Further release after recall: introductory

(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

recalled under section 254 (“the prisoner”).

(2)   

The prisoner is eligible to be considered for automatic release unless—

(a)   

he is an extended sentence prisoner or a specified offence

prisoner; or

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(b)   

he has, during the same term of imprisonment, already been

released under section 255B(1)(b) or (2) or section 255C(2).

 
 

Criminal Justice and Immigration Bill
Part 2 — Sentencing

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(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

5

returned to prison.

(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—

10

(a)   

in accordance with section 255B if he is eligible to be considered

for automatic release and is suitable for automatic release;

(b)   

in accordance with section 255C if he is eligible to be considered

for automatic release but was not considered to be suitable for

it;

15

(c)   

in accordance with section 255C if he is a specified offence

prisoner or if he is not eligible to be considered for automatic

release by virtue of subsection (2)(b);

(d)   

in accordance with section 255D if he is an extended sentence

prisoner.

20

(7)   

The prisoner is an “extended sentence prisoner” if he is serving an

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

25

sentence prisoner) he is serving a sentence imposed for a specified

offence within the meaning of section 224.

(9)   

The reference in subsection (8) to a specified offence (within the

meaning of section 224) includes a reference to—

(a)   

an offence under section 70 of the Army Act 1955, section 70 of

30

the Air Force Act 1955 or section 42 of the Naval Discipline Act

1957 as respects which the corresponding civil offence (within

the meaning of the Act in question) is a specified offence, and

(b)   

an offence under section 42 of the Armed Forces Act 2006 as

respects which the corresponding offence under the law of

35

England and Wales (within the meaning given by that section)

is a specified offence.

(10)   

Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc.)

applies for the purposes of subsection (9)(b) as if the reference in

subsection (3)(b) of that section to any of the following provisions of

40

that Act were a reference to subsection (9)(b).

(11)   

The Secretary of State may by order amend the number of days for the

time being specified in subsection (4).

(12)   

In subsection (2) “term of imprisonment” means—

(a)   

in relation to a prisoner who is, or is to be treated as, serving a

45

single term of imprisonment, that term;

 
 

Criminal Justice and Immigration Bill
Part 2 — Sentencing

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(b)   

in relation to a prisoner serving two or more sentences of

imprisonment (whether concurrently or consecutively), the

aggregate of the periods that the prisoner is required—

(i)   

to serve in prison, or

(ii)   

to be on licence.

5

(13)   

In subsection (5) “serious harm” means death or serious personal

injury, whether physical or psychological.

255B    

Automatic release

(1)   

A prisoner who is suitable for automatic release must—

(a)   

on his return to prison, be informed that he will be released

10

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

15

subsection (2)).

(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

under this Chapter.

(3)   

The Secretary of State must not release a person under subsection (2)

20

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

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Secretary of State must refer his case to the Board on the making of

those representations.

(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.

30

(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

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183(1)(b) in the intermittent custody order.

255C    

Specified offence prisoners and those not suitable for automatic

release

(1)   

This section applies to a prisoner who—

(a)   

is a specified offence prisoner,

40

(b)   

is not eligible to be considered for automatic release by virtue of

section 255A(2)(b), or

(c)   

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

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prison, release him again on licence under this Chapter.

 
 

 
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