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Criminal Justice Bill


Criminal Justice Bill
Part 11 — Sentencing
Chapter 5 — Dangerous offenders

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 215   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

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(c. 53), and

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

relevant offence,

            section 211 shall have effect as if he had at that time been convicted in England

and Wales of the corresponding civil offence.

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 216   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 211 to have been committed on the last of

those days.

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 217   Detention under ss. 208 and 210

A person sentenced to be detained under section 208 or 210 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.

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 218   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

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           (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

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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

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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

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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 11 — Sentencing
Chapter 6 — Release on licence

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public protection under section 208 of the Criminal Justice Act 2003 the

offender shall be treated as if he had been sentenced under section 207

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

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sentenced under section 209 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.

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           (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 208

of the Criminal Justice Act 2003, or

                  (c)                 an extended sentence of detention under section 210 of that

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Act.”

Chapter 6

Release on licence

Preliminary

 219   Meaning of “fixed-term prisoner”

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     (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 210 of this Act.

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

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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

 220   Power of court to recommend licence conditions for certain prisoners

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     (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.

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     (2)    In exercising his powers under section 232(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.

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Criminal Justice Bill
Part 11 — Sentencing
Chapter 6 — Release on licence

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

91 of the Sentencing Act or section 210 of this Act.

 221   The Parole Board

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

such is—

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

           (b)           to have the functions conferred on it by this Chapter 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.

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     (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

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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

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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.

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     (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

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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

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offences and of securing their rehabilitation.

     (7)    Schedule 18 shall have effect with respect to the Board.

Effect of remand in custody

 222   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 11 — Sentencing
Chapter 6 — Release on licence

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

by section 224) 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

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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

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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

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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

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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 8(2)(a) or (b) of Schedule 11, and

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

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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—

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           (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 11 — Sentencing
Chapter 6 — Release on licence

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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 210 of this Act as it applies to an equivalent

sentence of imprisonment.

5

 223   Effect of direction under section 222 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 222 relates—

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

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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 165 (intermittent custody) whether

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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 222.

 224   Interpretation of sections 222 and 223

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     (1)    For the purposes of sections 222 and 223, the definition of “sentence of

imprisonment” in section 281 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

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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 222 and 223 to an offender’s being remanded in custody

are references to his being—

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           (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

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           (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.

 225   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—

 

 

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Part 11 — Sentencing
Chapter 6 — Release on licence

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                  (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 222 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

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                  (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;

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                      “designated Commonwealth country” has the meaning given by section

5(1) of that Act.

Release on licence

 226   Duty to release prisoners

     (1)    As soon as a fixed-term prisoner, other than a prisoner to whom section 229

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) is subject to section 227.

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

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

35

twelve months or more or any determinate sentence of detention under

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

sentence is less than four years), or two-thirds of his sentence (in any

other case),

           (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 163,

           (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

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licence period as defined by section 165(3), and

 

 

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Part 11 — Sentencing
Chapter 6 — Release on licence

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

sentences, the period determined under sections 241(2) and 242(2).

 227   Restrictions on operation of section 226(1) in relation to intermittent custody

prisoners

     (1)    Where an intermittent custody prisoner returns to custody after being

5

unlawfully at large within the meaning of section 49 of the Prison Act 1952

(c. 52) at any time during the currency of his sentence, section 226(1) does not

apply until—

           (a)           the relevant time (as defined in subsection (2)), or

           (b)           if earlier, the date on which he has served in prison the number of

10

custodial days required by the intermittent custody order.

     (2)    In subsection (1)(a) “the relevant time” means—

           (a)           in a case where, within the period of 72 hours beginning with the return

to custody of the intermittent custody prisoner, the Secretary of State or

the responsible officer has applied to the court for the amendment of

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the intermittent custody order under paragraph 6(1)(b) of Schedule 9,

the date on which the application is withdrawn or determined, and

           (b)           in any other case, the end of that 72-hour period.

     (3)    Section 226(1) does not apply in relation to an intermittent custody prisoner at

any time after he has been recalled under section 236, unless after his recall the

20

Board has directed his further release on licence.

 228   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, other than a

prisoner serving a sentence of intermittent custody, at any time during

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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

remain to be served.

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

           (a)           the length of the requisite custodial period is at least 6 weeks,

           (b)           he has served—

                  (i)                 at least 4 weeks of his sentence, and

                  (ii)                at least one-half of the requisite custodial period.

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

           (a)           the number of required custodial days is at least 42, and

           (b)           the prisoner has served—

                  (i)                 at least 28 of those days, and

                  (ii)                at least one-half of the total number of those days.

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

           (a)           the sentence is imposed under section 209 or 210,

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

Custody) Act 1995 (c. 16),

 

 

 
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