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Criminal Justice Bill


Criminal Justice Bill
Schedule 16 — Northern Ireland offences specified for the purposes of section 211(4)
Part 2 — Sexual offences

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  71       An offence under section 7 of that Act (abduction of girl under 18 from

parent or guardian).

  72       An offence under section 8 of that Act (unlawful detention of woman or girl

in brothel etc.).

  73       An offence under section 1 of the Vagrancy Act 1898 (c. 39) (living on

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earnings of prostitution or soliciting or importuning in a public place).

  74       An offence under section 1 of the Punishment of Incest Act 1908 (c. 45)

(incest by a man).

  75       An offence under section 2 of that Act (incest by a woman).

  76       An offence under section 21 of the Children and Young Persons Act

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(Northern Ireland) 1968 (c. 34) (causing or encouraging seduction or

prostitution of girl under 17).

  77       An offence under section 22 of that Act (indecent conduct towards child).

  78       An offence under section 9 of the Theft Act (Northern Ireland) 1969 (c. 16) of

burglary with intent to commit rape.

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  79       An offence under Article 3 of the Protection of Children (Northern Ireland)

Order 1978 (S.I. 1978/1047 (N.I. 17)) (indecent photographs of children).

  80       An offence under section 170 of the Customs and Excise Management Act

1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods

prohibited to be imported under section 42 of the Customs Consolidation

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Act 1876 (c. 36) (indecent or obscene articles).

  81       An offence under Article 9 of the Criminal Justice (Northern Ireland) Order

1980 (S.I. 1980/704 (N.I. 6)) (inciting girl under 16 to have incestuous sexual

intercourse).

  82       An offence under Article 7 of the Homosexual Offences (Northern Ireland)

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Order 1982 (S.I. 1982/1536 (N.I. 19)) (procuring others to commit

homosexual acts).

  83       An offence under Article 8 of that Order (living on earnings of male

prostitution).

  84       An offence under Article 122 of the Mental Health (Northern Ireland) Order

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1986 (S.I. 1986/595 (N.I. 4)) (protection of women suffering from severe

mental handicap).

  85       An offence under Article 123 of that Order (protection of patients).

  86       An offence under Article 15 of the Criminal Justice (Evidence, etc.)

(Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17) (possession of

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indecent photograph of a child).

  87                An offence under Article 20 of the Criminal Justice (Northern Ireland) Order

2003 (S.I. 2003/1247 (N.I. 13)) (assault with intent to commit buggery).

  88       An offence under Article 21 of that Order (indecent assault on a male).

  89       An offence of—

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              (a)             aiding, abetting, counselling, procuring or inciting the commission

of an offence specified in this Part of this Schedule,

 

 

Criminal Justice Bill
Schedule 17 — Release of prisoners serving sentences of imprisonment or detention for public protection

    286

 

              (b)             conspiring to commit an offence so specified, or

              (c)             attempting to commit an offence so specified.

Schedule 17

Section 212

 

Release of prisoners serving sentences of imprisonment or detention for public

protection

5

Release on licence

  1       (1)      Section 31 of the Crime (Sentences) Act 1997 (c. 43) (duration and conditions

of licences for life prisoners), is amended as follows.

          (2)      In subsection (1) (licence to remain in force until death), after “life prisoner”

there is inserted “, other than a prisoner to whom section 31A below

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applies,”.

          (3)      After that subsection there is inserted—

              “(1A)                Where a prisoner to whom section 31A below applies is released on

licence, the licence shall remain in force until his death unless—

                    (a)                   it is previously revoked under section 32(1) or (2) below; or

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                    (b)                   it ceases to have effect in accordance with an order made by

the Secretary of State under section 31A below.”

  2        After that section there is inserted—

       “31A            Imprisonment or detention for public protection: termination of

licences

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              (1)             This section applies to a prisoner who—

                    (a)                   is serving one or more preventive sentences, and

                    (b)                   is not serving any other life sentence.

              (2)             Where—

                    (a)                   the prisoner has been released on licence under this Chapter;

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and

                    (b)                   the qualifying period has expired,

                              the Secretary of State shall, if directed to do so by the Parole Board,

order that the licence is to cease to have effect.

              (3)             Where—

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                    (a)                   the prisoner has been released on licence under this Chapter;

                    (b)                   the qualifying period has expired; and

                    (c)                   if he has made a previous application under this subsection,

a period of at least twelve months has expired since the

disposal of that application,

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                              the prisoner may make an application to the Parole Board under this

subsection.

              (4)             Where an application is made under subsection (3) above, the Parole

Board—

                    (a)                   shall, if it is satisfied that it is no longer necessary for the

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protection of the public that the licence should remain in

 

 

Criminal Justice Bill
Schedule 18 — The Parole Board: supplementary provisions

    287

 

force, direct the Secretary of State to make an order that the

licence is to cease to have effect;

                    (b)                   shall otherwise dismiss the application.

              (5)             In this section—

                                      “preventive sentence” means a sentence of imprisonment for

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public protection under section 207 of the Criminal Justice

Act 2003 or a sentence of detention for public protection

under section 208 of that Act;

                                       “the qualifying period”, in relation to a prisoner who has been

released on licence, means the period of ten years beginning

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with the date of his release.”

  3        In section 34(2) of that Act (meaning of “life sentence”), after paragraph (c)

there is inserted—

                    “(d)                      a sentence of imprisonment for public protection under

section 207 of the Criminal Justice Act 2003, and

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                    (e)                      a sentence of detention for public protection under section

208 of that Act.”

Determination of tariffs

  4        In section 82A of the Sentencing Act (determination of tariffs), after

subsection (4) there is inserted—

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              “(4A)                No order under subsection (4) above may be made where the life

sentence is—

                    (a)                   a sentence of imprisonment for public protection under

section 207 of the Criminal Justice Act 2003, or

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

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208 of that Act.”

Schedule 18

Section 221(7)

 

The Parole Board: supplementary provisions

Status and Capacity

  1       (1)      The Board is not to be regarded as the servant or agent of the Crown or as

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enjoying any status, immunity or privilege of the Crown; and the Board’s

property is not to be regarded as property of, or held on behalf of, the

Crown.

          (2)      It is within the capacity of the Board as a statutory corporation to do such

things and enter into such transactions as are incidental to or conducive to

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the discharge of—

              (a)             its functions under Chapter 6 of Part 11 in respect of fixed-term

prisoners, and

              (b)             its functions under Chapter 2 of Part 2 of the Crime (Sentences) Act

1997 (c. 43) in relation to life prisoners within the meaning of that

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Chapter.

 

 

Criminal Justice Bill
Schedule 18 — The Parole Board: supplementary provisions

    288

 

Membership

  2       (1)      The Board is to consist of a chairman and not less than four other members

appointed by the Secretary of State.

          (2)      The Board must include among its members—

              (a)             a person who holds or has held judicial office;

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              (b)             a registered medical practitioner who is a psychiatrist;

              (c)             a person appearing to the Secretary of State to have knowledge and

experience of the supervision or after-care of discharged prisoners;

and

              (d)             a person appearing to the Secretary of State to have made a study of

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the causes of delinquency or the treatment of offenders.

          (3)      A member of the Board—

              (a)             holds and vacates office in accordance with the terms of his

appointment;

              (b)             may resign his office by notice in writing addressed to the Secretary

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of State;

                            and a person who ceases to hold office as a member of the Board is eligible

for re-appointment.

Payments to members

  3       (1)      The Board may pay to each member such remuneration and allowances as

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the Secretary of State may determine.

          (2)      The Board may pay or make provision for paying to or in respect of any

member such sums by way of pension, allowances or gratuities as the

Secretary of State may determine.

          (3)      If a person ceases to be a member otherwise than on the expiry of his term of

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office and it appears to the Secretary of State that there are special

circumstances that make it right that he should receive compensation, the

Secretary of State may direct the Board to make to that person a payment of

such amount as the Secretary of State may determine.

          (4)      A determination or direction of the Secretary of State under this paragraph

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requires the approval of the Treasury.

Proceedings

  4       (1)      Subject to the provisions of section 221(5), the arrangements relating to

meetings of the Board are to be such as the Board may determine.

          (2)      The arrangements may provide for the discharge, under the general

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direction of the Board, of any of the Board’s functions by a committee or by

one or more of the members or employees of the Board.

          (3)      The validity of the proceedings of the Board are not to be affected by any

vacancy among the members or by any defect in the appointment of a

member.

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Staff

  5       (1)      The Board may appoint such number of employees as it may determine.

 

 

Criminal Justice Bill
Schedule 18 — The Parole Board: supplementary provisions

    289

 

          (2)      The remuneration and other conditions of service of the persons appointed

under this paragraph are to be determined by the Board.

          (3)      Any determination under sub-paragraph (1) or (2) requires the approval of

the Secretary of State given with the consent of the Treasury.

          (4)      The Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57) shall not

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require insurance to be effected by the Board.

  6       (1)      Employment with the Board shall continue to be included among the kinds

of employment to which a scheme under section 1 of the Superannuation

Act 1972 (c. 11) can apply, and accordingly in Schedule 1 to that Act (in

which those kinds of employment are listed) at the end of the list of Other

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Bodies there shall continue to be inserted—

               “Parole Board.”.

          (2)      The Board shall pay to the Treasury, at such times as the Treasury may

direct, such sums as the Treasury may determine in respect of the increase

attributable to this paragraph in the sums payable under the

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Superannuation Act 1972 out of money provided by Parliament.

Financial provisions

  7       (1)      The Secretary of State shall pay to the Board—

              (a)             any expenses incurred or to be incurred by the Board by virtue of

paragraph 3 or 5; and

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              (b)             with the consent of the Treasury, such sums as he thinks fit for

enabling the Board to meet other expenses.

          (2)      Any sums required by the Secretary of State for making payments under

sub-paragraph (1) are to be paid out of money provided by Parliament.

Authentication of Board’s seal

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  8        The application of the seal of the Board is to be authenticated by the

signature of the Chairman or some other person authorised for the purpose.

Presumption of authenticity of documents issued by Board

  9        Any document purporting to be an instrument issued by the Board and to

be duly executed under the seal of the Board or to be signed on behalf of the

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Board shall be received in evidence and shall be deemed to be such an

instrument unless the contrary is shown.

Accounts and audit

  10      (1)      It is the duty of the Board—

              (a)             to keep proper accounts and proper records in relation to the

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accounts;

              (b)             to prepare in respect of each financial year a statement of accounts in

such form as the Secretary of State may direct with the approval of

the Treasury; and

              (c)             to send copies of each such statement to the Secretary of State and the

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Comptroller and Auditor General not later than 31st August next

following the end of the financial year to which the statement relates.

 

 

Criminal Justice Bill
Schedule 19 — Determination of minimum term in relation to mandatory life sentence

    290

 

          (2)      The Comptroller and Auditor General shall examine, certify and report on

each statement of accounts sent to him by the Board and shall lay a copy of

every such statement and of his report before each House of Parliament.

          (3)      In this paragraph and paragraph 11 “financial year” means a period of 12

months ending with 31st March.

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Reports

  11       The Board must as soon as practicable after the end of each financial year

make to the Secretary of State a report on the performance of its functions

during the year; and the Secretary of State must lay a copy of the report

before each House of Parliament.

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Schedule 19

Section 247(5)

 

Determination of minimum term in relation to mandatory life sentence

Interpretation

  1        In this Schedule—

                    “child” means a person under 18 years;

15

                    “mandatory life sentence” means a life sentence passed in

circumstances where the sentence is fixed by law;

                    “minimum term”, in relation to a mandatory life sentence, means the

part of the sentence to be specified in an order under section 247(2);

                    “whole life order” means an order under subsection (4) of section 247.

20

  2        Section 28 of the Crime and Disorder Act 1998 (c. 37) (meaning of “racially

or religiously aggravated”) applies for the purposes of this Schedule as it

applies for the purposes of sections 29 to 32 of that Act.

  3        For the purposes of this Schedule an offence is aggravated by sexual

orientation where the offence would be racially or religiously aggravated if

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the references in section 28(1) and (2) of the Crime and Disorder Act 1998 to

a racial or religious group were a reference to a group of persons defined by

reference to their sexual orientation.

Starting points

  4       (1)      If—

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              (a)             the court considers that the seriousness of the offence (or the

combination of the offence and one or more offences associated with

it) is exceptionally high, and

              (b)             the offender was aged 21 or over when he committed the offence,

                   the appropriate starting point is a whole life order.

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          (2)      Cases that would normally fall within sub-paragraph (1)(a) include—

              (a)             the murder of two or more persons, where each murder involves any

of the following—

                    (i)                   a substantial degree of premeditation or planning,

                    (ii)                  the abduction of the victim, or

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Criminal Justice Bill
Schedule 19 — Determination of minimum term in relation to mandatory life sentence

    291

 

                    (iii)                 sexual or sadistic conduct,

              (b)             the murder of a child if involving the abduction of the child or sexual

or sadistic motivation,

              (c)             a murder done for the purpose of advancing a political, religious or

ideological cause, or

5

              (d)             a murder by an offender previously convicted of murder.

  5       (1)      If—

              (a)             the case does not fall within paragraph 4(1) but the court considers

that the seriousness of the offence (or the combination of the offence

and one or more offences associated with it) is particularly high, and

10

              (b)             the offender was aged 18 or over when he committed the offence,

                   the appropriate starting point, in determining the minimum term, is 30

years.

          (2)      Cases that (if not falling within paragraph 4(1)) would normally fall within

sub-paragraph (1)(a) include—

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              (a)             the murder of a police officer or prison officer in the course of his

duty,

              (b)             a murder involving the use of a firearm or explosive,

              (c)             a murder done for gain (such as a murder done in the course or

furtherance of robbery or burglary, done for payment or done in the

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expectation of gain as a result of the death),

              (d)             a murder intended to obstruct or interfere with the course of justice,

              (e)             a murder involving sexual or sadistic conduct,

              (f)             the murder of two or more persons,

              (g)             a murder that is racially or religiously aggravated or aggravated by

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sexual orientation, or

              (h)             a murder falling within paragraph 4(2) committed by an offender

who was aged under 21 when he committed the offence.

  6        In a case not falling within paragraph 4(1) or 5(1), the appropriate starting

point, in determining the minimum term, is 15 years.

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Aggravating and mitigating factors

  7        Having chosen a starting point, the court should take into account any

aggravating or mitigating factors, to the extent that it has not allowed for

them in its choice of starting point.

  8        Detailed consideration of aggravating or mitigating factors may result in a

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minimum term of any length (whatever the starting point), or in the making

of a whole life order.

  9        Aggravating factors (additional to those mentioned in paragraph 4(2) and

5(2)) that may be relevant to the offence of murder include—

              (a)             a significant degree of planning or premeditation,

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              (b)             the fact that the victim was particularly vulnerable because of age or

disability,

              (c)             mental or physical suffering inflicted on the victim before death,

              (d)             the abuse of a position of trust,

              (e)             the use of duress or threats against another person to facilitate the

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commission of the offence,

 

 

 
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Revised 17 October 2003