House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Criminal Justice Bill


Criminal Justice Bill
Part 12 — Sentencing
Chapter 5 — Dangerous offenders

    131

 

 224   Offences under service law

Where—

           (a)           a person has at any time been convicted of an offence under section 70

of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 70 of the Air Force Act

1955 (3 & 4 Eliz. 2 c. 19) or section 42 of the Naval Discipline Act 1957

5

(c. 53), and

           (b)           the corresponding civil offence (within the meaning of that Act) was a

relevant offence,

            section 220 shall have effect as if he had at that time been convicted in England

and Wales of the corresponding civil offence.

10

 225   Determination of day when offence committed

Where an offence is found to have been committed over a period of two or

more days, or at some time during a period of two or more days, it shall be

taken for the purposes of section 220 to have been committed on the last of

those days.

15

 226   Detention under ss. 217 and 219

A person sentenced to be detained under section 217 or 219 is liable to be

detained in such place, and under such conditions, as may be determined by

the Secretary of State or by such other person as may be authorised by him for

the purpose.

20

 227   Conversion of sentences of detention into sentences of imprisonment

For section 99 of the Sentencing Act (conversion of sentence of detention and

custody into sentence of imprisonment) there is substituted—

“Conversion of sentence of detention to sentence of imprisonment

       99            Conversion of sentence of detention to sentence of imprisonment

25

           (1)           Subject to the following provisions of this section, where an offender

has been sentenced by a relevant sentence of detention to a term of

detention and either—

                  (a)                 he has attained the age of 21, or

                  (b)                 he has attained the age of 18 and has been reported to the

30

Secretary of State by the board of visitors of the institution in

which he is detained as exercising a bad influence on the other

inmates of the institution or as behaving in a disruptive manner

to the detriment of those inmates,

                         the Secretary of State may direct that he shall be treated as if he had

35

been sentenced to imprisonment for the same term.

           (2)           Where the Secretary of State gives a direction under subsection (1)

above in relation to an offender, the portion of the term of detention

imposed under the relevant sentence of detention which he has already

served shall be deemed to have been a portion of a term of

40

imprisonment.

           (3)           Where the Secretary of State gives a direction under subsection (1)

above in relation to an offender serving a sentence of detention for

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 6 — Release on licence of fixed-term prisoners

    132

 

public protection under section 217 of the Criminal Justice Act 2003 the

offender shall be treated as if he had been sentenced under section 216

of that Act; and where the Secretary of State gives such a direction in

relation to an offender serving an extended sentence of detention under

section 219 of that Act the offender shall be treated as if he had been

5

sentenced under section 218 of that Act.

           (4)           Rules under section 47 of the Prison Act 1952 may provide that any

award for an offence against discipline made in respect of an offender

serving a relevant sentence of detention shall continue to have effect

after a direction under subsection (1) has been given in relation to him.

10

           (5)           In this section “relevant sentence of detention” means—

                  (a)                 a sentence of detention under section 90 or 91 above,

                  (b)                 a sentence of detention for public protection under section 217

of the Criminal Justice Act 2003, or

                  (c)                 an extended sentence of detention under section 219 of that

15

Act.”

Chapter 6

Release on licence of fixed-term prisoners

Preliminary

 228   Meaning of “fixed-term prisoner”

20

     (1)    In this Chapter “fixed-term prisoner” means—

           (a)            a person serving a sentence of imprisonment for a determinate term, or

           (b)           a person serving a determinate sentence of detention under section 91

of the Sentencing Act or under section 219 of this Act.

     (2)    In this Chapter, unless the context otherwise requires, “prisoner” includes a

25

person serving a sentence falling within subsection (1)(b); and “prison”

includes any place where a person serving such a sentence is liable to be

detained.

Power of court to recommend licence conditions

 229   Power of court to recommend licence conditions for certain prisoners

30

     (1)    A court which sentences an offender to a term of imprisonment of twelve

months or more in respect of any offence may, when passing sentence,

recommend to the Secretary of State particular conditions which in its view

should be included in any licence granted to the offender under this Chapter

on his release from prison.

35

     (2)    In exercising his powers under section 240(4)(b) in respect of an offender, the

Secretary of State must have regard to any recommendation under subsection

(1).

     (3)    A recommendation under subsection (1) is not to be treated for any purpose as

part of the sentence passed on the offender.

40

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 6 — Release on licence of fixed-term prisoners

    133

 

     (4)    This section does not apply in relation to a sentence of detention under section

91 of the Sentencing Act or section 219 of this Act.

 230   The Parole Board

     (1)    The Parole Board is to continue to be, by that name, a body corporate and as

such is—

5

           (a)           to be constituted in accordance with this Part, and

           (b)           to have the functions conferred on it by this Part in respect of fixed-term

prisoners and by Chapter 2 of Part 2 of the Crime (Sentences) Act 1997

(c. 43) (in this Chapter referred to as “the 1997 Act”) in respect of life

prisoners within the meaning of that Chapter.

10

     (2)    It is the duty of the Board to advise the Secretary of State with respect to any

matter referred to it by him which is to do with the early release or recall of

prisoners.

     (3)    The Board must, in dealing with cases as respects which it makes

recommendations under this Chapter or under Chapter 2 of Part 2 of the 1997

15

Act, consider—

           (a)           any documents given to it by the Secretary of State, and

           (b)           any other oral or written information obtained by it;

            and if in any particular case the Board thinks it necessary to interview the

person to whom the case relates before reaching a decision, the Board may

20

authorise one of its members to interview him and must consider the report of

the interview made by that member.

     (4)    The Board must deal with cases as respects which it gives directions under this

Chapter or under Chapter 2 of Part 2 of the 1997 Act on consideration of all

such evidence as may be adduced before it.

25

     (5)    Without prejudice to subsections (3) and (4), the Secretary of State may make

rules with respect to the proceedings of the Board, including proceedings

authorising cases to be dealt with by a prescribed number of its members or

requiring cases to be dealt with at prescribed times.

     (6)    The Secretary of State may also give to the Board directions as to the matters to

30

be taken into account by it in discharging any functions under this Chapter or

under Chapter 2 of Part 2 of the 1997 Act; and in giving any such directions the

Secretary of State must have regard to—

           (a)           the need to protect the public from serious harm from offenders, and

           (b)           the desirability of preventing the commission by them of further

35

offences and of securing their rehabilitation.

     (7)    Schedule 16 shall have effect with respect to the Board.

Effect of remand in custody

 231   Crediting of periods of remand in custody: terms of imprisonment and

detention

40

     (1)    This section applies where—

           (a)           a court sentences an offender to imprisonment for a term in respect of

an offence committed after the commencement of this section, and

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 6 — Release on licence of fixed-term prisoners

    134

 

           (b)           the offender has been remanded in custody (within the meaning given

by section 233) in connection with the offence or a related offence, that

is to say, any other offence the charge for which was founded on the

same facts or evidence.

     (2)    It is immaterial for that purpose whether the offender—

5

           (a)           has also been remanded in custody in connection with other offences;

or

           (b)           has also been detained in connection with other matters.

     (3)    Subject to subsection (4), the court must direct that the number of days for

which the offender was remanded in custody in connection with the offence or

10

a related offence is to count as time served by him as part of the sentence.

     (4)    Subsection (3) does not apply if and to the extent that—

           (a)           rules made by the Secretary of State so provide in the case of—

                  (i)                 a remand in custody which is wholly or partly concurrent with

a sentence of imprisonment, or

15

                  (ii)                sentences of imprisonment for consecutive terms or for terms

which are wholly or partly concurrent, or

           (b)           it is in the opinion of the court just in all the circumstances not to give a

direction under that subsection.

     (5)    Where the court gives a direction under subsection (3), it shall state in open

20

court—

           (a)           the number of days for which the offender was remanded in custody,

and

           (b)           the number of days in relation to which the direction is given.

     (6)    Where the court does not give a direction under subsection (3), or gives such a

25

direction in relation to a number of days less than that for which the offender

was remanded in custody, it shall state in open court—

           (a)           that its decision is in accordance with rules made under paragraph (a)

of subsection (4), or

           (b)           that it is of the opinion mentioned in paragraph (b) of that subsection

30

and what the circumstances are.

     (7)    For the purposes of this section a suspended sentence—

           (a)           is to be treated as a sentence of imprisonment when it takes effect under

paragraph 7(2)(a) or (b) of Schedule 10, and

           (b)           is to be treated as being imposed by the order under which it takes

35

effect.

     (8)    For the purposes of the reference in subsection (3) to the term of imprisonment

to which a person has been sentenced (that is to say, the reference to his

“sentence”), consecutive terms and terms which are wholly or partly

concurrent are to be treated as a single term if—

40

           (a)           the sentences were passed on the same occasion, or

           (b)           where they were passed on different occasions, the person has not been

released under this Chapter at any time during the period beginning

with the first and ending with the last of those occasions.

     (9)    Where an offence is found to have been committed over a period of two or

45

more days, or at some time during a period of two or more days, it shall be

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 6 — Release on licence of fixed-term prisoners

    135

 

taken for the purposes of subsection (1) to have been committed on the last of

those days.

     (10)   This section applies to a determinate sentence of detention under section 91 of

the Sentencing Act or section 219 of this Act as it applies to an equivalent

sentence of imprisonment.

5

 232   Effect of direction under section 231 on release on licence

     (1)    In determining for the purposes of this Chapter or Chapter 3 (prison sentences

of less than twelve months) whether a person to whom a direction under

section 231 relates—

           (a)           has served or would (but for his release) have served, a particular

10

proportion of his sentence, or

           (b)           has served a particular period,

            the number of days specified in the direction are to be treated as having been

served by him as part of that sentence or period.

     (2)    In determining for the purposes of section 176 (intermittent custody) whether

15

any part of a sentence to which an intermittent custody order relates is a licence

period, the number of custodial days, as defined by subsection (3) of that

section, is to be taken to be reduced by the number of days specified in a

direction under section 231.

 233   Interpretation of sections 231 and 232

20

     (1)    For the purposes of sections 231 and 232, the definition of “sentence of

imprisonment” in section 283 applies as if for the words from the beginning of

the definition to the end of paragraph (a) there were substituted—

                    “‘sentence of imprisonment’ does not include a committal—

                  (a)                 in default of payment of any sum of money, other than one

25

adjudged to be paid on a conviction,”;

            and references in those sections to sentencing an offender to imprisonment,

and to an offender’s sentence, are to be read accordingly.

     (2)    References in sections 231 and 232 to an offender’s being remanded in custody

are references to his being—

30

           (a)           remanded in or committed to custody by order of a court,

           (b)           remanded or committed to local authority accommodation under

section 23 of the Children and Young Persons Act 1969 (c. 54) and kept

in secure accommodation or detained in a secure training centre

pursuant to arrangements under subsection (7A) of that section, or

35

           (c)           remanded, admitted or removed to hospital under section 35, 36, 38 or

48 of the Mental Health Act 1983 (c. 20).

     (3)    In subsection (2), “secure accommodation” has the same meaning as in section

23 of the Children and Young Persons Act 1969.

 234   Persons extradited to the United Kingdom

40

     (1)    A fixed-term prisoner is an extradited prisoner for the purposes of this section

if—

           (a)           he was tried for the offence in respect of which his sentence was

imposed—

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 6 — Release on licence of fixed-term prisoners

    136

 

                  (i)                 after having been extradited to the United Kingdom, and

                  (ii)                without having first been restored or had an opportunity of

leaving the United Kingdom, and

           (b)           he was for any period kept in custody while awaiting his extradition to

the United Kingdom as mentioned in paragraph (a).

5

     (2)    In the case of an extradited prisoner, section 231 has effect as if the days for

which he was kept in custody while awaiting extradition were days for which

he was remanded in custody in connection with the offence, or any other

offence the charge for which was founded on the same facts or evidence.

     (3)    In this section—

10

                    “extradited to the United Kingdom” means returned to the United

Kingdom—

                  (a)                 in pursuance of extradition arrangements,

                  (b)                 under any law of a Commonwealth country corresponding to

the Extradition Act 1989 (c. 33),

15

                  (c)                 under that Act as extended to a British overseas territory or

under any corresponding law of a British overseas territory,

                  (d)                 in pursuance of a warrant of arrest endorsed in the Republic of

Ireland under the law of that country corresponding to the

Backing of Warrants (Republic of Ireland) Act 1965 (c. 45), or

20

                  (e)                 in pursuance of arrangements with a foreign state in respect of

which an Order in Council under section 2 of the Extradition

Act 1870 (c. 52) is in force;

                      “extradition arrangements” has the meaning given by section 3 of the

Extradition Act 1989;

25

                      “designated Commonwealth country” has the meaning given by section

5(1) of that Act.

Release on licence

 235   Duty to release prisoners

     (1)    As soon as a fixed-term prisoner, other than a prisoner to whom section 237

30

applies, has served the requisite custodial period, it is the duty of the Secretary

of State to release him on licence under this section.

     (2)    Subsection (1) does not require the Secretary of State to release a person serving

a sentence of imprisonment to which an intermittent custody order relates at

any time after he has been recalled under section 243.

35

     (3)    In this section “the requisite custodial period” means—

           (a)           in relation to a person serving a sentence of imprisonment for a term of

twelve months or more or any determinate sentence of detention under

section 91 of the Sentencing Act, one-half of his sentence,

           (b)           in relation to a person serving a sentence of imprisonment for a term of

40

less than twelve months (other than one to which an intermittent

custody order relates), the custodial period within the meaning of

section 174,

           (c)           in relation to a person serving a sentence of imprisonment to which an

intermittent custody order relates, any part of the term which is not a

45

licence period as defined by section 176(3), and

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 6 — Release on licence of fixed-term prisoners

    137

 

           (d)           in relation to a person serving two or more concurrent or consecutive

sentences, the period determined under section 248(2) and 249(2).

 236   Power to release prisoners on licence before required to do so

     (1)    Subject to subsections (2) to (4) the Secretary of State may—

           (a)           release on licence under this section a fixed-term prisoner aged 18 or

5

over, other than a prisoner serving a sentence of intermittent custody,

at any time during the period of 135 days ending with the day on which

the prisoner will have served the requisite custodial period, and

           (b)           release on licence under this section a prisoner serving a sentence of

intermittent custody when 135 or less of the required custodial days

10

remain to be served.

     (2)    Subsection (1)(a) does not apply in relation to a prisoner unless—

           (a)           the length of the requisite custodial period is at least 8 weeks,

           (b)           he has served—

                  (i)                 at least 6 weeks of his sentence, and

15

                  (ii)                at least three-quarters of the requisite custodial period.

     (3)    Subsection (1)(b) does not apply in relation to a prisoner unless—

           (a)           the number of required custodial days is at least 56, and

           (b)           the prisoner has served—

                  (i)                 at least 42 of those days, and

20

                  (ii)                at least three-quarters of the total number of those days.

     (4)    Subsection (1) does not apply where—

           (a)           the sentence is imposed under section 218 or 219,

           (b)           the sentence is for an offence under section 1 of the Prisoners (Return to

Custody) Act 1995 (c. 16),

25

           (c)           the prisoner is subject to a hospital order, hospital direction or transfer

direction under section 37, 45A or 47 of the Mental Health Act 1983

(c. 20),

           (d)           the sentence was imposed by virtue of paragraph 9(1)(b) or (c) or

10(1)(b) or (c) of Schedule 7 in a case where the prisoner has failed to

30

comply with a curfew requirement of a community order,

           (e)           the prisoner is subject to the notification requirements of Part 1 of the

Sex Offenders Act 1997 (c. 51),

           (f)           the prisoner is liable to removal from the United Kingdom,

           (g)           the prisoner has been released on licence under section 238 during the

35

currency of the sentence, and has been recalled to prison under section

243, or

           (h)           in the case of a prisoner to whom a direction under section 231 relates,

the interval between the date on which the sentence was passed and the

date on which the prisoner will have served the requisite custodial

40

period is less than 14 days or, where the sentence is one of intermittent

custody, the number of the required custodial days remaining to be

served is less than 14.

     (5)    For the purposes of subsection (4)(f), a person is liable to removal from the

United Kingdom if—

45

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 23 May 2003