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Criminal Justice Bill


Criminal Justice Bill
Schedule 16 — Northern Ireland offences specified for the purposes of section 201(4)
Part 2 — Sexual offences

305

 

90         

An offence under section 16 of the Sexual Offences Act 2003 (meeting a child

following sexual grooming etc.).

91         

An offence under section 17 of that Act (abuse of position of trust: sexual

activity with a child).

92         

An offence under section 18 of that Act (abuse of position of trust: causing or

5

inciting a child to engage in sexual activity).

93         

An offence under section 19 of that Act (abuse of position of trust: sexual

activity in the presence of a child).

94         

An offence under section 20 of that Act (abuse of position of trust: causing a

child to watch a sexual act).

10

95         

An offence under section 48 of that Act (paying for sexual services of a child).

96         

An offence under section 49 of that Act (causing or inciting child prostitution

or pornography).

97         

An offence under section 50 of that Act (controlling a child prostitute or a

child involved in pornography).

15

98         

An offence under section 51 of that Act (arranging or facilitating child

prostitution or pornography).

99         

An offence under section 53 of that Act (causing or inciting prostitution for

gain).

100        

An offence under section 54 of that Act (controlling prostitution for gain).

20

101        

An offence under section 57 of that Act (trafficking into the UK for sexual

exploitation).

102        

An offence under section 58 of that Act (trafficking within the UK for sexual

exploitation).

103        

An offence under section 59 of that Act (trafficking out of the UK for sexual

25

exploitation).

104        

An offence under section 67 of that Act (exposure).

105        

An offence under section 68 of that Act (voyeurism).

106        

An offence under section 70 of that Act (intercourse with an animal).

107        

An offence under section 71 of that Act (sexual penetration of a corpse).

30

108        

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).

109        

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

110        

An offence of—

(a)   

aiding, abetting, counselling, procuring or inciting the commission

35

of an offence specified in this Part of this Schedule,

(b)   

conspiring to commit an offence so specified, or

(c)   

attempting to commit an offence so specified.

 

 

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

306

 

Schedule 17

Section 202

 

Release of prisoners serving sentences of imprisonment or detention for public

protection

Release on licence

1     (1)  

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

5

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

applies,”.

      (3)  

After that subsection there is inserted—

10

“(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

(b)   

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

the Secretary of State under section 31A below.”

15

2          

After that section there is inserted—

“31A    

Imprisonment or detention for public protection: termination of

licences

(1)   

This section applies to a prisoner who—

(a)   

is serving one or more preventive sentences, and

20

(b)   

is not serving any other life sentence.

(2)   

Where—

(a)   

the prisoner has been released on licence under this Chapter;

and

(b)   

the qualifying period has expired,

25

   

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—

(a)   

the prisoner has been released on licence under this Chapter;

(b)   

the qualifying period has expired; and

30

(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,

   

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

subsection.

35

(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

protection of the public that the licence should remain in

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

40

licence is to cease to have effect;

(b)   

shall otherwise dismiss the application.

(5)   

In this section—

 

 

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

307

 

   

“preventive sentence” means a sentence of imprisonment for

public protection under section 197 of the Criminal Justice

Act 2003 or a sentence of detention for public protection

under section 198 of that Act;

   

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

5

released on licence, means the period of ten years beginning

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

10

section 197 of the Criminal Justice Act 2003, and

(e)   

a sentence of detention for public protection under section

198 of that Act.”

Determination of tariffs

4          

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

15

subsection (4) there is inserted—

“(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 197 of the Criminal Justice Act 2003, or

20

(b)   

a sentence of detention for public protection under section

198 of that Act.”

Schedule 18

Section 211(7)

 

The Parole Board: supplementary provisions

Status and Capacity

25

1     (1)  

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

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

30

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

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

35

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

Chapter.

Membership

2     (1)  

The Board is to consist of a chairman and not less than four other members

appointed by the Secretary of State.

40

      (2)  

The Board must include among its members—

 

 

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

308

 

(a)   

a person who holds or has held judicial office;

(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

5

(d)   

a person appearing to the Secretary of State to have made a study of

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;

10

(b)   

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

of State;

           

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

for re-appointment.

Payments to members

15

3     (1)  

The Board may pay to each member such remuneration and allowances as

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.

20

      (3)  

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

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.

25

      (4)  

A determination or direction of the Secretary of State under this paragraph

requires the approval of the Treasury.

Proceedings

4     (1)  

Subject to the provisions of section 211(5), the arrangements relating to

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

30

      (2)  

The arrangements may provide for the discharge, under the general

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

35

member.

Staff

5     (1)  

The Board may appoint such number of employees as it may determine.

      (2)  

The remuneration and other conditions of service of the persons appointed

under this paragraph are to be determined by the Board.

40

      (3)  

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

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

 

 

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

309

 

      (4)  

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

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

5

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

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

10

attributable to this paragraph in the sums payable under the

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

15

paragraph 3 or 5; and

(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.

20

Authentication of Board’s seal

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

25

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

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—

30

(a)   

to keep proper accounts and proper records in relation to the

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

35

(c)   

to send copies of each such statement to the Secretary of State and the

Comptroller and Auditor General not later than 31st August next

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

      (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

40

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.

 

 

Criminal Justice Bill
Schedule 19 — Prisoners liable to removal from United Kingdom: modifications of Criminal Justice Act 1991

310

 

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.

5

Schedule 19

Section 234

 

Prisoners liable to removal from United Kingdom: modifications of Criminal

Justice Act 1991

1          

In this Schedule “the 1991 Act” means the Criminal Justice Act 1991 (c. 53).

2          

In section 42 of the 1991 Act (additional days for disciplinary offences), in

10

subsection (2) before the word “and” at the end of paragraph (a) there is

inserted—

“(aa)    

any period which he must serve before he can be removed

under section 46A below;”.

3     (1)  

In section 46 of the 1991 Act (persons liable to removal from the United

15

Kingdom) in subsection (3) after paragraph (d) there is inserted “or

(e)   

he is liable to removal under section 10 of the Immigration

and Asylum Act 1999”.

      (2)  

Sub-paragraph (1) does not apply to any prisoner whose sentence relates to

an offence committed before the commencement of this Schedule.

20

4          

After section 46 of the 1991 Act there is inserted—

“46A    

Early removal of persons liable to removal from United Kingdom

(1)   

Subject to subsection (2) below, where a short-term or long-term

prisoner is liable to removal from the United Kingdom, the Secretary

of State may under this section remove him from prison at any time

25

after he has served the requisite period.

(2)   

Subsection (1) above does not apply where—

(a)   

the sentence is an extended sentence within the meaning of

section 85 of the Powers of Criminal Courts (Sentencing) Act

2000,

30

(b)   

the sentence is for an offence under section 1 of the Prisoners

(Return to Custody) Act 1995,

(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,

35

(d)   

the prisoner is subject to the notification requirements of Part

2 of the Sexual Offences Act 2003, or

(e)   

the interval between—

(i)   

the date on which the prisoner will have served the

requisite period for the term of the sentence, and

40

(ii)   

the date on which he will have served one-half of the

sentence,

 

 

Criminal Justice Bill
Schedule 19 — Prisoners liable to removal from United Kingdom: modifications of Criminal Justice Act 1991

311

 

   

is less than 14 days.

(3)   

A prisoner removed from prison under this section—

(a)   

is so removed only for the purpose of enabling the Secretary

of State to remove him from the United Kingdom under

powers conferred by—

5

(i)   

Schedule 2 or 3 to the Immigration Act 1971, or

(ii)   

section 10 of the Immigration and Asylum Act 1999,

and

(b)   

so long as remaining in the United Kingdom, remains liable

to be detained in pursuance of his sentence until he falls to be

10

released under section 33 or 35 above.

(4)   

So long as a prisoner removed from prison under this section

remains in the United Kingdom but has not been returned to prison,

any duty or power of the Secretary of State under section 33, 35 or 36

is exercisable in relation to him as if he were in prison.

15

(5)   

In this section “the requisite period” means—

(a)   

for a term of three months or more but less than four months,

a period of 30 days;

(b)   

for a term of four months or more but less than 18 months, a

period equal to one-quarter of the term;

20

(c)   

for a term of 18 months or more, a period that is 135 days less

than one-half of the term.

(6)   

The Secretary of State may by order made by statutory instrument—

(a)   

amend the definition of “the requisite period” in subsection

(5) above,

25

(b)   

make such transitional provision as appears to him necessary

or expedient in connection with the repeal or amendment.

(7)   

No order shall be made under subsection (6) above unless a draft of

the order has been laid before and approved by a resolution of each

House of Parliament.

30

(8)   

In relation to any time before the commencement of sections 80 and

81 of the Sexual Offences Act 2003, the reference in subsection (2)(d)

above to Part 2 of that Act is to be read as a reference to Part 1 of the

Sex Offenders Act 1997.

46B     

Re-entry into United Kingdom of offender removed early from prison

35

(1)   

This section applies in relation to a person who, after being removed

from prison under section 46A above, has been removed from the

United Kingdom before he has served one-half of his sentence.

(2)   

If a person to whom this section applies enters the United Kingdom

at any time before his sentence expiry date, he is liable to be detained

40

in pursuance of his sentence from the time of his entry into the

United Kingdom until whichever is the earlier of the following—

(a)   

the end of a period (“the further custodial period”) beginning

with that time and equal in length to the outstanding

custodial period, and

45

(b)   

his sentence expiry date.

 

 

 
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