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Criminal Justice and Immigration Bill


Criminal Justice and Immigration Bill
Part 2 — Sentencing

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(5)   

In section 42(1) of that Act (interpretation of Part 3 of Act), after the definition

of “local authority” insert—

““offending” includes re-offending;”.

10      

Abolition of suspended sentences for summary offences

In section 189 of the Criminal Justice Act 2003 (c. 44) (suspended sentences)

5

after subsection (1) insert—

“(1A)   

Subject to subsection (1B), the power conferred by subsection (1) is not

exercisable in relation to a sentence of imprisonment imposed for a

summary offence.

(1B)   

Where—

10

(a)   

the court proposes to pass two or more sentences of

imprisonment on the same occasion;

(b)   

the offences for which those sentences are to be passed include

at least one summary offence and one indictable offence, and

(c)   

the court exercises the power conferred by subsection (1) in

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relation to at least one sentence passed for an indictable offence,

   

the power conferred by subsection (1) may be exercised in relation to

the sentence passed for the summary offence or offences (or any of

them) being dealt with at that time.”

11      

Restriction on imposing community sentences

20

In section 148 of the Criminal Justice Act 2003 (restrictions on imposing

community sentences) after subsection (4) insert—

“(5)   

The fact that by virtue of any provision of this section—

(a)   

a community sentence may be passed in relation to an offence;

or

25

(b)   

particular restrictions on liberty may be imposed by a

community order or youth rehabilitation order,

   

does not require a court to pass such a sentence or to impose those

restrictions.”

12      

Restriction on power to make a community order

30

(1)   

After section 150 of the Criminal Justice Act 2003 (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

35

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

40

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).”

 
 

Criminal Justice and Immigration Bill
Part 2 — Sentencing

9

 

(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

5

(“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.”

10

(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

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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—

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(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.”

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(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)”.

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Custodial sentences

13      

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

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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 the offence was

committed, the offender had been convicted of an offence specified in

Schedule 15A.

40

(3B)   

The condition in this subsection is that the notional minimum term is at

least two years.

 
 

Criminal Justice and Immigration Bill
Part 2 — Sentencing

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(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).”

5

(2)   

After Schedule 15 to that Act, insert the Schedule set out in Schedule 5 to this

Act.

14      

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—

10

“(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

15

(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).”

15      

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

(1)   

Section 227 of the Criminal Justice Act 2003 (extended sentence for certain

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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

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(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

30

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 of an offence

specified in Schedule 15A.

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(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—

40

(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

 
 

Criminal Justice and Immigration Bill
Part 2 — Sentencing

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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

5

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

in that subsection.”

16      

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.

10

(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

15

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.

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(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

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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

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(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.”

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17      

The assessment of dangerousness

(1)   

Section 229 of the Criminal Justice Act 2003 (the assessment of dangerousness)

is amended as follows.

(2)   

In subsection (2)—

(a)   

the words from the beginning to “18” are omitted,

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Criminal Justice and Immigration Bill
Part 2 — Sentencing

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(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

by a court anywhere in the world,”, and

5

(c)   

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

mentioned in paragraph (a) or (aa)”.

(3)   

After subsection (2) insert—

“(2A)   

The reference in subsection (2)(aa) to a conviction by a court includes a

reference to—

10

(a)   

a finding of guilt in service disciplinary proceedings, and

(b)   

a conviction of a service offence within the meaning of the

Armed Forces Act 2006 (“conviction” here including anything

that under section 376(1) and (2) of that Act is to be treated as a

conviction).”

15

(4)   

Subsections (3) and (4) are omitted.

(5)   

Schedules 16 and 17 to that Act are omitted.

18      

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—

20

“(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

25

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 of that Act (certificates for purposes of section 229)—

30

(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

35

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.

19      

Indeterminate sentences: determination of tariffs

40

(1)   

Section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

(determination of tariffs in cases where the sentence is not fixed by law) is

amended as follows.

 
 

Criminal Justice and Immigration Bill
Part 2 — Sentencing

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(2)   

In subsection (3) (determination of the appropriate part of the sentence) at the

end insert—

   

“In Case A or Case B below, this subsection has effect subject to, and in

accordance with, subsection (3C) below.”

(3)   

After subsection (3) insert—

5

“(3A)   

Case A is where the offender was aged 18 or over when he committed

the offence and the court is of the opinion that the seriousness of the

offence, or of the combination of the offence and one or more other

offences associated with it,—

(a)   

is exceptional (but not such that the court proposes to make an

10

order under subsection (4) below), and

(b)   

would not be adequately reflected by the period which the court

would otherwise specify under subsection (2) above.

(3B)   

Case B is where the court is of the opinion that the period which it

would otherwise specify under subsection (2) above would have little

15

or no effect on time spent in custody, taking into account all the

circumstances of the particular offender.

(3C)   

In Case A or Case B above, in deciding the effect which the comparison

required by subsection (3)(c) above is to have on reducing the period

which the court determines for the purposes of subsection (3)(a) (and

20

before giving effect to subsection (3)(b) above), the court may, instead

of reducing that period by one-half,—

(a)   

in Case A above, reduce it by such lesser amount (including nil)

as the court may consider appropriate according to the

seriousness of the offence, or

25

(b)   

in Case B above, reduce it by such lesser amount (but not by less

than one-third) as the court may consider appropriate in the

circumstances.”

(4)   

In subsection (4A) (no order to be made under subsection (4) in the case of

certain sentences) after “No order under subsection (4) above may be made”

30

insert “, and Case A above does not apply,”.

20      

Consecutive terms of imprisonment

(1)   

Part 12 of the Criminal Justice Act 2003 (c. 44) (sentencing) is amended as

follows.

(2)   

In section 181 (consecutive terms of imprisonment complying with section 181)

35

after subsection (7) insert—

“(7A)   

For the purposes of subsection (7)(a) the aggregate length of the terms

of imprisonment is not to be regarded as being more than 65 weeks if

the aggregate of all the custodial periods and the longest of the licence

periods in relation to those terms is not more than 65 weeks.”

40

(3)   

In section 264A (consecutive terms: intermittent custody)—

(a)   

in subsection (3), omit the words from “and none” to the end;

(b)   

in subsection (4)(b), for “the longest of the total” substitute “all the”; and

(c)   

in subsection (5), for the definition of “total licence period” substitute—

““licence period” has the same meaning as in section

45

183(3);”.

 
 

Criminal Justice and Immigration Bill
Part 2 — Sentencing

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(4)   

In section 265 (restriction on consecutive sentences for released prisoners)—

(a)   

in subsection (1), for “early under this Chapter” substitute “—

(a)   

under this Chapter; or

(b)   

under Part 2 of the Criminal Justice Act 1991.”; and

(b)   

after that subsection insert—

5

“(1A)   

Subsection (1) applies to a court sentencing a person to—

(a)   

a term of imprisonment for an offence committed before

4 April 2005, or

(b)   

a term of imprisonment of less than 12 months for an

offence committed on or after that date,

10

   

as it applies to the imposition of any other term of

imprisonment.

(1B)   

Where an intermittent custody order applies to the other

sentence, the reference in subsection (1) to release under this

Chapter does not include release by virtue of section 183(1)(b)(i)

15

(periods of temporary release on licence before the custodial

days specified under section 183(1)(a) have been served).”

(5)   

Any saving by virtue of which section 84 of the Powers of Criminal Courts

(Sentencing) Act 2000 (c. 6) (restrictions on consecutive sentences for released

prisoners) continues to apply in certain cases (despite the repeal of that section

20

by the Criminal Justice Act 2003) shall cease to have effect.

Release and recall of prisoners

21      

Credit for period of remand on bail: terms of imprisonment and detention

(1)   

The Criminal Justice Act 2003 (c. 44) is amended as follows.

(2)   

In section 237 (meaning of “fixed term prisoner”), in subsection (1B), after

25

“Armed Forces Act 2006)” insert “or section 240A”.

(3)   

In the italic heading before section 240, after “custody” insert “or on bail subject

to certain types of condition”.

(4)   

After section 240 insert—

“240A   

Crediting periods of remand on bail: terms of imprisonment and

30

detention

(1)   

This section applies where—

(a)   

a court sentences an offender to imprisonment for a term in

respect of an offence committed on or after 4th April 2005,

(b)   

the offender was remanded on bail by a court in course of or in

35

connection with proceedings for the offence, or any related

offence, after the coming into force of section 21 of the Criminal

Justice and Immigration Act 2008, and

(c)   

the offender’s bail was subject to a qualifying curfew condition

and an electronic monitoring condition (“the relevant

40

conditions”).

(2)   

Subject to subsection (4), the court must direct that the credit period is

to count as time served by the offender as part of the sentence.

 
 

 
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