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Criminal Justice Bill


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

    139

 

           (b)           the sentences were passed on the same occasion or, 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.

     (2)    Where this section applies—

5

           (a)           nothing in this Chapter requires the Secretary of State to release the

offender in respect of any of the terms unless and until he is required to

release him in respect of each of the others,

           (b)           section 226 does not authorise the Secretary of State to release him on

licence under that section in respect of any of the terms unless and until

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that section authorises the Secretary of State to do so in respect of each

of the others,

           (c)           on and after his release under this Chapter the offender is to be on

licence for so long, and subject to such conditions, as is required by this

Chapter in respect of any of the sentences.

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     (3)    Where the sentences include one or more sentences of twelve months or more

and one or more sentences of less than twelve months, the terms of the licence

may be determined by the Secretary of State in accordance with section

232(4)(b), without regard to the requirements of any custody plus order or

intermittent custody order.

20

     (4)    In this section “term of imprisonment” includes a determinate sentence of

detention under section 91 of the Sentencing Act or under section 210 of this

Act.

 242   Consecutive terms

     (1)    This section applies where—

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           (a)           a person (“the offender”) has been sentenced to two or more terms of

imprisonment which are to be served consecutively on each other, and

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

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ending with the last of those occasions.

     (2)    Nothing in this Chapter requires the Secretary of State to release the offender

on licence until he has served a period equal in length to the aggregate of the

length of the custodial periods in relation to each of the terms of imprisonment.

     (3)    Where any of the terms of imprisonment is a term of twelve months or more,

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the offender is, on and after his release under this Chapter, to be on licence—

           (a)           until he would, but for his release, have served a term equal in length

to the aggregate length of the terms of imprisonment, and

           (b)           subject to such conditions as are required by this Chapter in respect of

each of those terms of imprisonment.

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     (4)    Where each of the terms of imprisonment is a term of less than twelve months,

the offender is, on and after his release under this Chapter, to be on licence until

the relevant time, and subject to such conditions as are required by this

Chapter in respect of any of the terms of imprisonment, and none of the terms

is to be regarded for any purpose as continuing after the relevant time.

45

     (5)    In subsection (4) “the relevant time” means the time when the offender would,

but for his release, have served a term equal in length to the aggregate of—

 

 

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

    140

 

           (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 209

5

or 210, 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

10

section 163, 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 163, 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 210 of this Act as it applies to a term of

imprisonment of 12 months or more.

Restriction on consecutive sentences for released prisoners

 243   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 210 of this Act, and “term of

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imprisonment” is to be read accordingly.

Drug testing requirements

 244   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.

30

     (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 11 — Sentencing
Chapter 6 — Release on licence

    141

 

     (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

5

                  (f)                                        a sentence of detention under section 208 or 210 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,

10

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

15

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—

20

                        (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.”

25

Supplemental

 245   Alteration by order of relevant proportion of sentence

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

226(3)(a), section 229(2) or section 242(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

30

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

 246   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 219(1);

                      “intermittent custody prisoner” means a prisoner serving a sentence of

imprisonment to which an intermittent custody order relates;

                      “prison” and “prisoner” are to be read in accordance with section 219(2);

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

40

which an intermittent custody order relates, includes temporary

release;

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 7 — Effect of life sentence

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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.

Chapter 7

Effect of life sentence

5

 247   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.

     (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 (referred to

10

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.

     (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

15

any one or more offences associated with it, and

           (b)           the effect of any direction which it would have given under section 222

(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

20

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

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

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

court must have regard to—

           (a)           the general principles set out in Schedule 19, and

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

case and are not incompatible with the provisions of Schedule 19.

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     (6)    The Secretary of State may by order amend Schedule 19.

 248   Duty to give reasons

     (1)    Any court making an order under subsection (2) or (4) of section 247 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—

35

           (a)           state which of the starting points in Schedule 19 it has chosen and its

reasons for doing so, and

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

 249   Appeals

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

40

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 7 — Effect of life sentence

    143

 

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

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

(4) of section 247 of the Criminal Justice Act 2003 in relation to a life

sentence (as defined in section 255 of that Act) that is fixed by law.”.

5

     (2)           In section 8 of the Courts-Martial (Appeals) Act 1968 (c. 20) (right of appeal

from court-martial to Courts-Martial Appeal Court) after subsection (1) there

is inserted—

           “(1ZA)              In subsection (1) above, the reference to a sentence fixed by law does

not include a reference to an order made under subsection (2) or (4) of

10

section 247 of the Criminal Justice Act 2003 in relation to a life sentence

(as defined in section 255 of that Act) that is fixed by law.”.

 250   Review of minimum term on a reference by Attorney General

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

after subsection (3) there is inserted—

15

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

subsection (2) of section 247 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

20

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

time.”.

     (2)    Each of the following sections (which relate to the review by the Courts-Martial

Appeal Court of sentences passed by courts-martial)—

           (a)           section 113C of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),

25

           (b)           section 113C of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), and

           (c)           section 71AC of the Naval Discipline Act 1957 (c. 53),

            is amended as follows.

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

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

30

subsection (2) of section 247 of the Criminal Justice Act 2003

(determination of minimum term in relation to mandatory life

sentence), the Courts-Martial Appeal Court shall not, in deciding what

order under that section is appropriate for the case, make any

allowance for the fact that the person to whom it relates is being

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sentenced for a second time.”.

 251   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 one or more relevant orders.

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

40

           (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

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 7 — Effect of life sentence

    144

 

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

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

5

Repatriation of Prisoners Act 1984 (c. 47),

            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 the case of an offence which appears to the court to be an offence for

10

which, if it had been committed in England and Wales, the sentence

would have been fixed by law, an order under subsection (2) or (4) of

section 247, and

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

the Sentencing Act.

15

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

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 251 of the Criminal

Justice Act 2003”.

 252   Further provisions about references relating to transferred life prisoners

20

     (1)    A reference to the High Court under section 251 is to be determined by a single

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 247, in Schedule 19 or in section 82A(2) to (4) of

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

25

     (3)    A person in respect of whom a reference has been made under section 247 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

30

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.

35

     (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

40

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

specified modifications).

 253   Duty to release certain life prisoners

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

 

 

Criminal Justice Bill
Part 11 — Sentencing
Chapter 8 — Other provisions about sentencing

    145

 

prisoners) is amended as follows.

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

           “(1A)              This section applies to a life prisoner in respect of whom a minimum

term order has been made; and any reference in this section to the

relevant part of such a prisoner’s sentence is a reference to the part of

5

the sentence specified in the order.”

     (3)    In subsection (1B)(a)—

           (a)           “for the words from the beginning to “applies” there is substituted “this

section does not apply to him”, and

           (b)           for the words from “such an order” to “appropriate stage” there is

10

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

those sentences”.

     (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

15

(Sentencing) Act 2000 (determination of minimum term in

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

                  (b)                 subsection (2) of section 247 of the Criminal Justice Act 2003

(determination of minimum term in respect of mandatory life

sentence).”.

20

 254   Mandatory life sentences: transitional cases

Schedule 20 (which relates to the effect in transitional cases of mandatory life

sentences) shall have effect.

 255   Interpretation of Chapter

In this Chapter—

25

                      “court” includes a court-martial;

                      “guidelines” has the same meaning as in section 154(1);

                      “life sentence” means—

                  (a)                 a sentence of imprisonment for life,

                  (b)                 a sentence of detention during Her Majesty’s pleasure, or

30

                  (c)                 a sentence of custody for life passed before the commencement

of section 61(1) of the Criminal Justice and Court Services Act

2000 (c. 43) (which abolishes that sentence).

Chapter 8

Other provisions about sentencing

35

Deferment of sentence

 256   Deferment of sentence

Schedule 21 (deferment of sentence) shall have effect.

 

 

 
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