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Criminal Justice and Immigration Bill


Criminal Justice and Immigration Bill
Part 2 — Sentencing

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(3)   

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

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—

5

(a)   

if the person makes representations under section 254(2) before

the end of the period of 28 days beginning with the date on

which he is returned to prison, on the making of those

representations, or

(b)   

if, at the end of that period, the person has not been released

10

under subsection (2) and has not made such representations, at

that time.

(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.

15

(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

20

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

(7)   

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

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

25

sentence prisoner.

(2)   

Where on a reference under subsection (1) 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

(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)

or 255D(1)”.

(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

35

place insert—

   

“section 255A(9),

   

section 255C(7),”.

30      

Further review and release of prisoners after recall

(1)   

Section 256 of the Criminal Justice Act 2003 (c. 44) (further release after recall)

40

is amended as follows.

(2)   

In subsection (1) for paragraph (b) substitute—

“(b)   

determine the reference by making no recommendation as to

his release.”

(3)   

In subsection (2) omit “or (b)”.

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Criminal Justice and Immigration Bill
Part 2 — Sentencing

23

 

(4)   

Subsections (3) and (5) cease to have effect.

(5)   

In consequence of the amendments made by section 29 and this section, the

heading to section 256 becomes “Review by the Board”.

(6)   

After section 256 insert—

“256A   

Further review

5

(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.

(2)   

The Secretary of State may, at any time before that anniversary, refer

the person’s case to the Board.

10

(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 reference under subsection (1) or (2), the Board must determine

the reference by—

(a)   

recommending the person’s immediate release on licence under

15

this Chapter,

(b)   

fixing a date for his release on licence, or

(c)   

making no recommendation as to his release.

(5)   

The Secretary of State—

(a)   

where the Board makes a recommendation under subsection

20

(4)(a) for the person’s immediate release on licence, must give

effect to the recommendation; and

(b)   

where the Board fixes a release date under subsection (4)(b),

must release the person on licence on that date.”

31      

Recall of life prisoners: abolition of requirement for recommendation by

25

Parole Board

(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)

substitute—

30

“(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

him to prison.”

(3)   

In subsection (3) (representations by prisoner) for “subsection (1) or (2) above”

substitute “this section”.

35

(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

section”.

 
 

Criminal Justice and Immigration Bill
Part 2 — Sentencing

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32      

Recall of prisoners released under Criminal Justice Act 1991

(1)   

Before section 51 of the Criminal Justice Act 1991 (c. 53) insert—

“50A    

Prisoners recalled under section 254 of Criminal Justice Act 2003

(1)   

This section applies to a person who is—

(a)   

released on licence under any provision of this Part, and

5

(b)   

recalled to prison under section 254(1) of the 2003 Act (recall of

prisoners while on licence).

(2)   

Nothing in the following provisions of this Part (which authorise or

require the Secretary of State to release prisoners) applies in relation to

the person—

10

(a)   

section 33;

(b)   

section 33A;

(c)   

section 34A;

(d)   

section 35;

(e)   

section 43(4).

15

(3)   

Sections 254(2) and (6) and 255A to 256A of the 2003 Act (which

authorise release on licence etc) apply in relation to a person to whom

this section applies.

(4)   

The provisions of Chapter 6 of Part 12 of the 2003 Act specified in

subsection (5) apply in relation to—

20

(a)   

a licence under that Chapter granted to a person to whom this

section applies, and

(b)   

a licence under section 36 of this Act granted to such a person.

(5)   

The provisions of the 2003 Act specified in this subsection are—

(a)   

section 249 (duration of licence), as modified by subsection (6)

25

below;

(b)   

section 250(1), (4) and (8) (licence conditions), as modified by

subsection (7) below;

(c)   

section 252 (duty to comply with licence conditions).

(6)   

Section 249 of the 2003 Act applies—

30

(a)   

as if the reference in subsection (1) to a fixed-term prisoner were

a reference to a person to whom this section applies, and

(b)   

as if for subsection (3) there were substituted—

    “(3)  

Subsection (1) has effect subject to section 51(2) to (2D) of the

Criminal Justice Act 1991.”

35

(7)   

Section 250(4) of the 2003 Act applies as if the reference to a prisoner

serving a sentence mentioned in that subsection were a reference to a

person to whom this section applies.

(8)   

In relation to a person to whom this section applies, subsections (2) to

(2D) of section 51 of this Act (treatment of consecutive and concurrent

40

terms etc.) apply as if any reference in those subsections to this Part of

this Act included the provisions of the 2003 Act mentioned in

subsections (3) and (5).

(9)   

Except as provided by subsections (6)(b) and (8), nothing in this Part

applies in relation to the duration and conditions of—

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Criminal Justice and Immigration Bill
Part 2 — Sentencing

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(a)   

a licence under Chapter 6 of Part 12 of the 2003 Act granted to a

person to whom this section applies, or

(b)   

a licence under section 36 of this Act granted to such a person.

(10)   

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

(2)   

The savings made by paragraph 19 of Schedule 2 to the Criminal Justice Act

5

2003 (Commencement No.8 and Transitional and Saving Provisions) Order

2005 (S.I. 2005/950) in respect of sections 249 and 250 of the Criminal Justice

Act 2003 (c. 44) do not apply in relation to a licence granted under Chapter 6 of

Part 12 of that Act, or under section 36 of the Criminal Justice Act 1991 (c. 53),

to a person to whom section 50A of the Criminal Justice Act 1991 applies.

10

Early removal of prisoners from the United Kingdom

33      

Removal under Criminal Justice Act 1991 (offences before 4th April 2005 etc.)

(1)   

Part 2 of the Criminal Justice Act 1991 (early release of prisoners) is amended

as follows.

(2)   

After section 46 insert—

15

“46ZA   

  Persons eligible for removal from the United Kingdom

(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.

(2)   

The condition is that the person has the settled intention of residing

20

permanently outside the United Kingdom if removed from prison

under section 46A below.

(3)   

The person must not be one who is liable to removal from the United

Kingdom.”

(3)   

Section 46A (early removal of persons liable to removal from the United

25

Kingdom) is amended as follows.

(4)   

In subsection (1) (the power of removal) after “is liable to” insert “, or eligible

for,”.

(5)   

Also in subsection (1), for “at any time after he has served the requisite period”

substitute “at any time in the period—

30

(a)   

beginning when the person has served the requisite period (see

subsection (5)), and

(b)   

ending when the person has served one-half of the term.”

(6)   

Subsection (2) (cases where subsection (1) does not apply) ceases to have effect.

(7)   

In subsection (3) (purpose of removal from prison etc.)—

35

(a)   

at the beginning of paragraph (a) insert “if liable to removal from the

United Kingdom,”;

(b)   

for “and” at the end of that paragraph substitute—

“(aa)   

if eligible for removal from the United Kingdom, is so

removed only for the purpose of enabling the prisoner

40

to leave the United Kingdom in order to reside

permanently outside the United Kingdom, and”;

 
 

Criminal Justice and Immigration Bill
Part 2 — Sentencing

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(c)   

at the beginning of paragraph (b) insert “in either case,”.

(8)   

In consequence of the amendments made by this section, the heading to section

46A becomes “Early removal of persons liable to, or eligible for, removal from

United Kingdom”.

34      

Removal under Criminal Justice Act 2003

5

(1)   

In Part 12 of the Criminal Justice Act 2003 (c. 44) (sentencing) Chapter 6 (release

on licence) is amended as follows.

(2)   

After section 259 (persons liable to removal from the United Kingdom) insert—

“259A   

  Persons eligible for removal from the United Kingdom

(1)   

For the purposes of this Chapter, to be “eligible for removal from the

10

United Kingdom” a person must show, to the satisfaction of the

Secretary of State, that the condition in subsection (2) is met.

(2)   

The condition is that the person has the settled intention of residing

permanently outside the United Kingdom if removed from prison

under section 260.

15

(3)   

The person must not be one who is liable to removal from the United

Kingdom.”

(3)   

Section 260 (early removal of prisoners liable to removal from United

Kingdom) is amended as follows.

(4)   

In subsection (1) (the power of removal)—

20

(a)   

for “subsections (2) and (3)” substitute “subsection (2)”, and

(b)   

after “is liable to” insert “, or eligible for,”.

(5)   

For subsection (2) (conditions relating to time) substitute—

“(2)   

Subsection (1) does not apply in relation to a prisoner unless he has

served at least one-half of the requisite custodial period.”

25

(6)   

Subsections (3) and (3A) (cases where subsection (1) does not apply) cease to

have effect.

(7)   

In subsection (4) (purpose of removal from prison etc.)—

(a)   

at the beginning of paragraph (a) insert “if liable to removal from the

United Kingdom,”;

30

(b)   

for “and” at the end of that paragraph substitute—

“(aa)   

if eligible for removal from the United Kingdom, is so

removed only for the purpose of enabling the prisoner

to leave the United Kingdom in order to reside

permanently outside the United Kingdom, and”;

35

(c)   

at the beginning of paragraph (b) insert “in either case,”.

(8)   

In subsection (6) (order-making powers)—

(a)   

in paragraph (a) omit “or (3)(e)”,

(b)   

omit paragraph (b), and

(c)   

in paragraph (c) for “subsection (2)(b)(ii)” substitute “subsection (2)”.

40

 
 

Criminal Justice and Immigration Bill
Part 2 — Sentencing

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(9)   

For subsection (7) (meaning of “requisite custodial period”) substitute—

“(7)   

In this section “requisite custodial period”—

(a)   

in relation to a prisoner serving an extended sentence imposed

under section 227 or 228, means one-half of the appropriate

custodial term (determined by the court under that section);

5

(b)   

in any other case, has the meaning given by paragraph (a), (b)

or (d) of section 244(3).”

(10)   

In consequence of the amendments made by this section—

(a)   

the italic heading preceding section 259 becomes “Persons liable to, or

eligible for, removal from the United Kingdom”, and

10

(b)   

the heading to section 260 becomes “Early removal of persons liable to,

or eligible for, removal from United Kingdom”.

Referral orders

35      

Referral conditions

(1)   

Section 17 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (the

15

referral conditions) is amended as follows.

(2)   

In subsection (1)—

(a)   

after “section 16(2) above” insert “and subsection (2) below”,

(b)   

insert “and” at the end of paragraph (a), and

(c)   

omit paragraph (c).

20

(3)   

For subsections (1A) and (2) substitute—

“(2)   

For the purposes of section 16(3) above, the discretionary referral

conditions are satisfied in relation to an offence if—

(a)   

the compulsory referral conditions are not satisfied in relation

to the offence;

25

(b)   

the offender pleaded guilty—

(i)   

to the offence; or

(ii)   

if the offender is being dealt with by the court for the

offence and any connected offence, to at least one of

those offences; and

30

(c)   

the offender—

(i)   

has never been convicted by or before a court in the

United Kingdom of any offence other than the offence

and any connected offence; or

(ii)   

has been dealt with by such a court for any offence other

35

than the offence and any connected offence on only one

previous occasion but has never been referred to a youth

offender panel under section 16 above.”

(4)   

Omit subsection (5).

36      

Power to revoke a referral order

40

(1)   

Part 3 of the Powers of Criminal Courts (Sentencing) Act 2000 (mandatory and

discretionary referral of young offenders) is amended as follows.

 
 

Criminal Justice and Immigration Bill
Part 2 — Sentencing

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(2)   

After section 27 insert—

“Referrals back to court in the interests of justice

27A     

Revocation of referral order where offender making good progress etc.

(1)   

This section applies where, having regard to circumstances which have

arisen since a youth offender contract took effect under section 23

5

above, it appears to the youth offender panel to be in the interests of

justice for the referral order (or each of the referral orders) to be

revoked.

(2)   

The panel may refer the offender back to the appropriate court

requesting it—

10

(a)   

to exercise only the power conferred by sub-paragraph (2) of

paragraph 5 of Schedule 1 to this Act to revoke the order (or

each of the orders); or

(b)   

to exercise both—

(i)   

the power conferred by that sub-paragraph to revoke

15

the order (or each of the orders); and

(ii)   

the power conferred by sub-paragraph (4) of that

paragraph to deal with the offender for the offence in

respect of which the revoked order was made.

(3)   

The circumstances in which the panel may make a referral under

20

subsection (2) above include the offender’s making good progress

under the contract.

(4)   

Where—

(a)   

the panel makes a referral under subsection (2) above in relation

to any offender and any youth offender contract, and

25

(b)   

the appropriate court decides not to exercise the power

conferred by paragraph 5(2) of Schedule 1 to this Act in

consequence of that referral,

   

the panel may not make a further referral under that subsection in

relation to that offender and contract during the relevant period except

30

with the consent of the appropriate court.

(5)   

In subsection (4) above “the relevant period” means the period of 3

months beginning with the date on which the appropriate court made

the decision mentioned in paragraph (b) of that subsection.”

(3)   

In paragraph 1(1) of Schedule 1 (youth offender panels: further court

35

proceedings), for “or 27(4)” substitute “, 27(4) or 27A(2)”.

37      

Extension of period for which young offender contract has effect

(1)   

Part 3 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (mandatory

and discretionary referral of young offenders) is amended as follows.

(2)   

After section 27A (as inserted by section 36 above) insert—

40

“27B    

Extension of period for which young offender contract has effect

(1)   

This section applies where at any time—

 
 

 
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