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Criminal Justice Bill


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

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           (a)           all the custodial periods in relation to the terms of imprisonment, and

           (b)           the longest of the licence periods in relation to those terms.

     (6)    In this section—

           (a)           “custodial period”—

                  (i)                 in relation to an extended sentence imposed under section 218

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or 219, means the appropriate custodial term determined under

that section,

                  (ii)                in relation to a term of twelve months or more, means one-half

of the term, and

                  (iii)               in relation to a term of less than twelve months complying with

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section 174, means the custodial period as defined by subsection

(3)(a) of that section;

           (b)           “licence period”, in relation to a term of less than twelve months

complying with section 174, has the meaning given by subsection (3)(b)

of that section.

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

the Sentencing Act or under section 219 of this Act as it applies to a term of

imprisonment of 12 months or more.

Restriction on consecutive sentences for released prisoners

 250   Restriction on consecutive sentences for released prisoners

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     (1)    A court sentencing a person to a term of imprisonment may not order or direct

that the term is to commence on the expiry of any other sentence of

imprisonment from which he has been released early under this Chapter.

     (2)    In this section “sentence of imprisonment” includes a sentence of detention

under section 91 of the Sentencing Act or section 219 of this Act, and “term of

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imprisonment” is to be read accordingly.

Drug testing requirements

 251   Release on licence etc: drug testing requirements

     (1)    Section 64 of the Criminal Justice and Court Services Act 2000 (c. 43) (release on

licence etc: drug testing requirements) is amended as follows.

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     (2)    In subsection (1) for paragraph (a) there is substituted—       

                  “(a)                    the Secretary of State releases from prison a person aged 14 or

over on whom a sentence of imprisonment has been imposed,

                  (aa)                    a responsible officer is of the opinion—

                        (i)                        that the offender has a propensity to misuse specified

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Class A drugs, and

                        (ii)                       that the misuse by the offender of any specified Class A

drug caused or contributed to any offence of which he

has been convicted, or is likely to cause or contribute to

the commission of further offences, and”.

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

    146

 

     (3)    After subsection (4) there is inserted—

           “(4A)              A person under the age of 17 years may not be required by virtue of this

section to provide a sample otherwise than in the presence of an

appropriate adult.”

     (4)           In subsection (5), after paragraph (e) there is inserted “and

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                  (f)                                        a sentence of detention under section 217 or 219 of the Criminal

Justice Act 2003,”.

     (5)    After subsection (5) there is inserted—

           “(6)              In this section—

                                  “appropriate adult”, in relation to a person aged under 17,

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means—

                        (a)                        his parent or guardian or, if he is in the care of a local

authority or voluntary organisation, a person

representing that authority or organisation,

                        (b)                        a social worker of a local authority social services

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department, or

                        (c)                        if no person falling within paragraph (a) or (b) is

available, any responsible person aged 18 or over who is

not a police officer or a person employed by the police;

                                  “responsible officer” means—

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                        (a)                        in relation to an offender aged under 18, an officer of a

local probation board or a member of a youth offending

team;

                        (b)                        in relation to an offender aged 18 or over, an officer of a

local probation board.”

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Supplemental

 252   Alteration by order of relevant proportion of sentence

The Secretary of State may by order provide that any reference in section

235(3)(a), section 237(2) or section 249(6)(a)(ii) to a particular proportion of a

prisoner’s sentence is to be read as a reference to such other proportion of a

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prisoner’s sentence as may be specified in the order.

 253   Interpretation of Chapter 6

In this Chapter—

                      “the 1997 Act” means the Crime (Sentences) Act 1997 (c. 43);

                      “the Board” means the Parole Board;

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                      “fixed-term prisoner” has the meaning given by section 228(1);

                      “prison” and “prisoner” are to be read in accordance with section 228(2);

                      “release”, in relation to a prisoner serving a sentence of imprisonment to

which an intermittent custody order relates, includes temporary

release;

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                      “relevant court order”, in relation to a person serving a sentence of

imprisonment to which a custody plus order or intermittent custody

order relates, means that order.

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 7 — Effect of life sentence

    147

 

Chapter 7

Effect of life sentence

 254   Determination of minimum term in relation to mandatory life sentence

     (1)    This section applies where after the commencement of this section a court

passes a life sentence in circumstances where the sentence is fixed by law.

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     (2)    The court must, unless it makes an order under subsection (4), order that the

provisions of section 28(5) to (8) of the Crime (Sentences) Act 1997 (c. 43)

(referred to in this Chapter as “the early release provisions”) are to apply to the

offender as soon as he has served the part of his sentence which is specified in

the order.

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     (3)    The part of his sentence is to be such as the court considers appropriate taking

into account—

           (a)           the seriousness of the offence, or of the combination of the offence and

any one or more offences associated with it, and

           (b)           the effect of any direction which it would have given under section 231

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(crediting periods of remand in custody) if it had sentenced him to a

term of imprisonment.

     (4)    If the offender was 21 or over when he committed the offence and the court is

of the opinion that, because of the seriousness of the offence, or of the

combination of the offence and one or more offences associated with it, no

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order should be made under subsection (2), the court must order that the early

release provisions are not to apply to the offender.

     (5)    In considering under subsection (3) or (4) the seriousness of an offence (or of

the combination of an offence and one or more offences associated with it), the

court must have regard to—

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           (a)           the general principles set out in Schedule 17, and

           (b)           any guidelines relating to offences in general which are relevant to the

case and are not incompatible with the provisions of Schedule 17.

     (6)    The Secretary of State may by order amend Schedule 17.

 255   Duty to give reasons

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     (1)    Any court making an order under subsection (2) or (4) of section 254 must state

in open court, in ordinary language, its reasons for deciding on the order made.

     (2)    In stating its reasons the court must, in particular—

           (a)           state which of the starting points in Schedule 17 it has chosen and its

reasons for doing so, and

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           (b)           state its reasons for any departure from that starting point.

 256   Appeals

In section 9 of the Criminal Appeal Act 1968 (c. 19) (appeal against sentence

following conviction on indictment), after subsection (1) there is inserted—

           “(1A)              In subsection (1) of this section, the reference to a sentence fixed by law

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does not include a reference to an order made under subsection (2) or

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 7 — Effect of life sentence

    148

 

(4) of section 254 of the Criminal Justice Act 2003 in relation to a life

sentence (as defined in section 262 of that Act), that is fixed by law.”.

 257   Review of minimum term on a reference by Attorney General

In section 36 of the Criminal Justice Act 1988 (c. 33) (reviews of sentencing)

after subsection (3) there is inserted—

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           “(3A)              Where a reference under this section relates to an order under

subsection (2) of section 254 of the Criminal Justice Act 2003

(determination of minimum term in relation to mandatory life

sentence), the Court of Appeal shall not, in deciding what order under

that section is appropriate for the case, make any allowance for the fact

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that the person to whom it relates is being sentenced for a second

time.”.

 258   Life prisoners transferred to England and Wales

     (1)    The Secretary of State must refer the case of any transferred life prisoner to the

High Court for the making of a relevant order.

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     (2)    In subsection (1) “transferred life prisoner” means a person—

           (a)           on whom a court in a country or territory outside the British Islands has

imposed one or more sentences of imprisonment or detention for an

indeterminate period, and

           (b)           who has been transferred to England and Wales after the

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commencement of this section in pursuance of—

                  (i)                 an order made by the Secretary of State under section 2 of the

Colonial Prisoners Removal Act 1884 (c. 31), or

                  (ii)                a warrant issued by the Secretary of State under the

Repatriation of Prisoners Act 1984 (c. 47),

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            there to serve his sentence or sentences or the remainder of his sentence or

sentences.

     (3)    In subsection (1) “a relevant order” means—

           (a)           in a case where the prisoner’s offence or offences appear to the court to

be or include an offence for which, if it had been committed in England

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and Wales, the sentence would have been fixed by law, an order under

subsection (2) or (4) of section 254, and

           (b)           in any other case, an order under subsection (2) or (4) of section 82A of

the Sentencing Act.

     (4)    In section 34(1) of the Crime (Sentences) Act 1997 (c. 43) (meaning of “life

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prisoner” in Chapter 2 of Part 2 of that Act) at the end there is inserted “and

includes a transferred life prisoner as defined by section 258 of the Criminal

Justice Act 2003”.

 259   Further provisions about references relating to transferred life prisoners

     (1)    A reference to the High Court under section 258 is to be determined by a single

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judge of that court without an oral hearing.

     (2)    In relation to a reference under that section, any reference to “the court” in

subsections (2) to (5) of section 254, in Schedule 17 or in section 82A(2) to (4) of

the Sentencing Act is to be read as a reference to the High Court.

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 7 — Effect of life sentence

    149

 

     (3)    A person in respect of whom a reference has been made under section 254 may

with the leave of the Court of Appeal appeal to the Court of Appeal against the

decision of the High Court on the reference.

     (4)    Section 1(1) of the Administration of Justice Act 1960 (c. 65) (appeal to House

of Lords from decision of High Court in a criminal cause or matter) and section

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18(1)(a) of the Supreme Court Act 1981 (c. 54) (exclusion of appeal from High

Court to Court of Appeal in a criminal cause or matter) do not apply in relation

to a decision to which subsection (3) applies.

     (5)    The jurisdiction conferred on the Court of Appeal by subsection (3) is to be

exercised by the criminal division of that court.

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     (6)    Section 33(3) of the Criminal Appeal Act 1968 (c. 19) (limitation on appeal from

criminal division of Court of Appeal) does not prevent an appeal to the House

of Lords under this section.

     (7)    In relation to appeals to the Court of Appeal or the House of Lords under this

section, the Secretary of State may make an order containing provision

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corresponding to any provision in the Criminal Appeal Act 1968 (subject to any

specified modifications).

 260   Duty to release certain life prisoners

     (1)    Section 28 of the Crime (Sentences) Act 1997 (c. 43) (duty to release certain life

prisoners) is amended as follows.

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     (2)    For subsection (1A) there is substituted—

           “(1A)              In this Chapter—

                  (a)                 references to a life prisoner to whom this section applies are

references to a life prisoner in respect of whom a minimum term

order has been made, and

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                  (b)                 references to the relevant part of his sentence are references to

the part of his sentence specified in the order.”.

     (3)    In subsection (1B)(a), for the words from “such an order” to “appropriate stage”

there is substituted “a minimum term order has been made in respect of each

of those sentences”.

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     (4)    After subsection (8) there is inserted—

           “(8A)              In this section “minimum term order” means an order under—

                  (a)                 subsection (2) of section 82A of the Powers of Criminal Courts

(Sentencing) Act 2000 (determination of minimum term in

respect of life sentence that is not fixed by law), or

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                  (b)                 subsection (2) of section 254 of the Criminal Justice Act 2003

(determination of minimum term in respect of mandatory life

sentence).”.

 261   Mandatory life sentences: transitional cases

Schedule 18 (which relates to the effect in transitional cases of mandatory life

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sentences) shall have effect.

 

 

 
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