Criminal Justice and Immigration Bill

House of Lords

Session 2007 - 08
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Other Bills before Parliament

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
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;
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
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(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
15
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—
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)
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
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
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.
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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.
(2)
In subsection (1)—
(a)
in paragraph (a) the words “, other than a serious offence,” are omitted,
and
(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.”
(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.
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.”
(5)
In subsection (3)—
(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
in that subsection.”
35
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,
40

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.