|
| |
|
(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 |
| |
| |
| 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 |
| 15 |
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; |
| |
| 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 |
| |
| |
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 |
| |
(a) | the offence is punishable with imprisonment; or |
| |
(b) | in any other case, section 151(2) confers power to make such an |
| |
| |
(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).” |
| |
|
| |
|
| |
|
(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 |
| |
| |
(b) | the current offence is not punishable with imprisonment.” |
| 10 |
| |
(a) | at the beginning insert “Where the current offence is punishable with |
| |
| |
(b) | for paragraph (a) substitute— |
| |
“(a) | the offender was aged 16 or over when he was |
| 15 |
| |
(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— |
| 20 |
(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.” |
| 25 |
(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) |
| |
| |
(8) | In section 166 of that Act (savings for powers to mitigate etc.), in subsection |
| |
(1)(a), after “148” insert “or 151(2)”. |
| 30 |
| |
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 |
| 35 |
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 |
| |
| 40 |
(3B) | The condition in this subsection is that the notional minimum term is at |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
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 |
| 20 |
violent or sexual offences: persons 18 or over) is amended as follows. |
| |
| |
(a) | in paragraph (a) the words “, other than a serious offence,” are omitted, |
| |
| |
(b) | after paragraph (b) insert “, but |
| 25 |
(c) | the court is not required by section 225(2) to impose a |
| |
sentence of imprisonment for life.” |
| |
| |
(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. |
| 35 |
(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 |
| |
|
| |
|
| |
|
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 |
| |
| |
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 |
| |
| |
| |
(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. |
| 20 |
(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 |
| 25 |
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.” |
| |
| |
(a) | for “subsection (2)” substitute “subsections (2A) and (2B)”, and |
| 30 |
(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 |
| |
| 35 |
17 | The assessment of dangerousness |
| |
(1) | Section 229 of the Criminal Justice Act 2003 (the assessment of dangerousness) |
| |
| |
| |
(a) | the words from the beginning to “18” are omitted, |
| 40 |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| 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) |
| |
| |
(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 |
| |
(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”, |
| |
| |
(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 |
| |
(c) | for “section 229” substitute “sections 225(3A) and 227(2A)”. |
| |
(3) | Section 234 of that Act (determination of day when offence committed) is |
| |
| |
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 |
| |
| |
|
| |
|
| |
|
(2) | In subsection (3) (determination of the appropriate part of the sentence) at the |
| |
| |
| “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 |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
(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. |
| |
|
| |
|