|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| 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) |
| |
| |
(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 |
| |
| |
| |
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 |
| |
(2) | In subsection (1) for paragraph (b) substitute— |
| |
“(b) | determine the reference by making no recommendation as to |
| |
| |
(3) | In subsection (2) omit “or (b)”. |
| 45 |
|
| |
|
| |
|
(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— |
| |
| 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 |
| |
| |
(a) | recommending the person’s immediate release on licence under |
| 15 |
| |
(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 |
| |
(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) |
| |
| 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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
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 |
| |
| 10 |
| |
| |
| |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(b) | section 250(1), (4) and (8) (licence conditions), as modified by |
| |
| |
(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 |
| |
| |
(9) | Except as provided by subsections (6)(b) and (8), nothing in this Part |
| |
applies in relation to the duration and conditions of— |
| 45 |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(3) | The person must not be one who is liable to removal from the United |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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”; |
| |
|
| |
|
| |
|
(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 |
| |
| |
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 |
| |
| 15 |
(3) | The person must not be one who is liable to removal from the United |
| |
| |
(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 |
| |
| |
(7) | In subsection (4) (purpose of removal from prison etc.)— |
| |
(a) | at the beginning of paragraph (a) insert “if liable to removal from the |
| |
| 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 |
|
| |
|
| |
|
(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”. |
| |
| |
| |
(1) | Section 17 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (the |
| 15 |
referral conditions) is amended as follows. |
| |
| |
(a) | after “section 16(2) above” insert “and subsection (2) below”, |
| |
(b) | insert “and” at the end of paragraph (a), and |
| |
| 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 |
| |
| 25 |
(b) | the offender pleaded guilty— |
| |
| |
(ii) | if the offender is being dealt with by the court for the |
| |
offence and any connected offence, to at least one of |
| |
| 30 |
| |
(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.” |
| |
| |
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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(2) | The panel may refer the offender back to the appropriate court |
| |
| 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 |
| |
| |
| |
(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 |
| |
| |
| |
(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— |
| |
|
| |
|