Section 62
Part 1 Prosecution of Offences Act 1985
Introduction
1 The Prosecution of Offences Act 1985 is amended as follows.
Defence costs
2 (1) Section 16 (defence costs) is amended as follows.
(2) After subsection (6) insert—
(6A) Where the court considers that there are circumstances that make it inappropriate for the accused to recover the full amount mentioned in subsection (6), a defendant's costs order must be for the payment out of central funds of such lesser amount as the court considers just and reasonable.
(6B) Subsections (6) and (6A) have effect subject to—
(a) section 16A, and
(b) regulations under section 20(1A)(d).
(6C) When making a defendant's costs order, the court must fix the amount to be paid out of central funds in the order if it considers it appropriate to do so and—
(a) the accused agrees the amount, or
(b) subsection (6A) applies.
(6D) Where the court does not fix the amount to be paid out of central funds in the order—
(a) it must describe in the order any reduction required under subsection (6A), and
(b) the amount must be fixed by means of a determination made by or on behalf of the court in accordance with procedures specified in regulations made by the Lord Chancellor.
(3) Omit subsections (7) and (9).
Legal costs
3 After section 16 insert—
Legal costs
16A (1) A defendant's costs order may not require the payment out of central funds of an amount that includes an amount in respect of the accused's legal costs, subject to the following provisions of this section.
(2) Subsection (1) does not apply where condition A, B or C is met.
(3) Condition A is that the accused is an individual and the order is made under—
(a) section 16(1),
(b) section 16(3), or
(c) section 16(4)(a)(ii) or (iii) or (d).
(4) Condition B is that the accused is an individual and the legal costs were incurred in proceedings in a court below which were—
(a) proceedings in a magistrates' court, or
(b) proceedings on an appeal to the Crown Court under section 108 of the Magistrates' Courts Act 1980 (right of appeal against conviction or sentence).
(5) Condition C is that the legal costs were incurred in proceedings in the Supreme Court.
(6) The Lord Chancellor may by regulations make provision about exceptions from the prohibition in subsection (1), including—
(a) provision amending this section by adding, modifying or removing an exception, and
(b) provision for an exception to arise where a determination has been made by a person specified in the regulations.
(7) Regulations under subsection (6) may not remove or limit the exception provided by condition C.
(8) Where a court makes a defendant's costs order requiring the payment out of central funds of an amount that includes an amount in respect of legal costs, the order must include a statement to that effect.
(9) Where, in a defendant's costs order, a court fixes an amount to be paid out of central funds that includes an amount in respect of legal costs incurred in proceedings in a court other than the Supreme Court, the latter amount must not exceed an amount specified by regulations made by the Lord Chancellor.
(10) In this section—
“legal costs” means fees, charges, disbursements and other amounts payable in respect of advocacy services or litigation services including, in particular, expert witness costs;
“advocacy services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right of audience in relation to any proceedings, or contemplated proceedings, to provide;
“expert witness costs” means amounts payable in respect of the services of an expert witness, including amounts payable in connection with attendance by the witness at court or elsewhere;
“litigation services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right to conduct litigation in relation to proceedings, or contemplated proceedings, to provide.
Prosecution costs
4 (1) Section 17 (prosecution costs) is amended as follows.
(2) In subsection (1) for “subsection (2)” substitute “ subsections (2) and (2A) ”.
(3) After subsection (2) insert—
(2A) Where the court considers that there are circumstances that make it inappropriate for the prosecution to recover the full amount mentioned in subsection (1), an order under this section must be for the payment out of central funds of such lesser amount as the court considers just and reasonable.
(2B) When making an order under this section, the court must fix the amount to be paid out of central funds in the order if it considers it appropriate to do so and—
(a) the prosecutor agrees the amount, or
(b) subsection (2A) applies.
(2C) Where the court does not fix the amount to be paid out of central funds in the order—
(a) it must describe in the order any reduction required under subsection (2A), and
(b) the amount must be fixed by means of a determination made by or on behalf of the court in accordance with procedures specified in regulations made by the Lord Chancellor.
(4) Omit subsections (3) and (4).
Costs of witnesses and appellants not in custody
5 (1) Section 19 (provision for orders as to costs in other circumstances) is amended as follows.
(2) After subsection (3) insert—
(3ZA) In relation to a sum that may be required by a court other than the Supreme Court to be paid out of central funds under regulations under subsection (3)—
(a) the requirement under that subsection for the sum to be such sum as the court considers reasonably necessary to cover or compensate for expenses, fees, costs, trouble or losses is subject to regulations made under section 20(1A)(d), and
(b) regulations under subsection (3) may make provision accordingly.
(3) After subsection (3C) insert—
(3D) Regulations under subsection (3) may make provision generally or only in relation to particular descriptions of persons, expenses, fees, costs, trouble or losses.
(4) After subsection (4) insert—
(4A) Subsection (4) has effect subject to regulations under section 20(1A)(d).
(4B) An order under subsection (4) may not require the payment out of central funds of a sum that includes a sum in respect of legal costs (as defined in section 16A), except where regulations made by the Lord Chancellor provide otherwise.
(4C) Regulations under subsection (4B) may, in particular, include—
(a) provision for an exception to arise where a determination has been made by a person specified in the regulations,
(b) provision requiring the court, when it orders the payment of a sum that includes a sum in respect of legal costs, to include a statement to that effect in the order, and
(c) provision that the court may not order the payment of a sum in respect of legal costs exceeding an amount specified in the regulations.
Regulations
6 (1) Section 20 (regulations) is amended as follows.
(2) In subsection (1) omit the words from “and the regulations” to the end.
(3) After that subsection insert—
(1A) The Lord Chancellor may by regulations—
(a) make provision as to the amounts that may be ordered to be paid out of central funds in pursuance of a costs order, whether by specifying rates or scales or by making other provision as to the calculation of the amounts,
(b) make provision as to the circumstances in which and conditions under which such amounts may be paid or ordered to be paid,
(c) make provision requiring amounts required to be paid out of central funds by a costs order to be calculated having regard to regulations under paragraphs (a) and (b),
(d) make provision requiring amounts required to be paid to a person out of central funds by a relevant costs order to be calculated in accordance with such regulations (whether or not that results in the fixing of an amount that the court considers reasonably sufficient or necessary to compensate the person), and
(e) make provision as to the review of determinations of amounts required to be paid out of central funds by costs orders.
(1B) In subsection (1A)(d) “relevant costs order” means a costs order other than—
(a) an order made by any court under section 17, and
(b) so much of a costs order made by the Supreme Court as relates to expenses, fees, costs, trouble or losses incurred in proceedings in that court.
(1C) Regulations under subsection (1A) may, in particular—
(a) make different provision in relation to amounts to be paid in respect of different expenses, fees, costs, trouble and losses,
(b) make different provision in relation to different costs orders and different areas, and
(c) make different provision in relation to the fixing of an amount in a costs order and the fixing of an amount by means of a determination.
(4) In subsection (3)—
(a) for “subsection (1)” substitute “ subsection (1A) ”,
(b) for “rates or scales of allowances” substitute “ provision as to the calculation of amounts ”, and
(c) after “order” insert “ (whether in the form of rates or scales or other provision) ”.
Interpretation
7 (1) Section 21 (interpretation) is amended as follows.
(2) In subsection (4) after “16” insert “ , 16A ”.
(3) In subsection (4A)(a) after “16” insert “ , 16A ”.
Supplementary
8 (1) Section 29 (regulations) is amended as follows.
(2) For subsection (1) substitute—
(1) A power to make regulations under this Act is exercisable by statutory instrument.
(1A) A statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (1B).
(1B) A statutory instrument containing (whether alone or with other provision) regulations under section 16A(6) or 19(4B) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(3) In subsection (2) for “Any such regulations” substitute “ Regulations under this Act ”.
Part 2 Attorney General's references
Reference of point of law following acquittal on indictment
9 (1) Section 36 of the Criminal Justice Act 1972 (reference of point of law following acquittal on indictment) is amended as follows.
(2) In subsection (5) omit “to his costs, that is to say”.
(3) Omit subsection (5A).
(4) After that subsection insert—
(5A) Subsection (5) has effect subject to—
(a) subsection (5B), and
(b) regulations under section 20(1A)(d) of the Prosecution of Offences Act 1985 (as applied by this section).
(5B) A person is not entitled under subsection (5) to the payment of sums in respect of legal costs (as defined in section 16A of the Prosecution of Offences Act 1985) incurred in proceedings in the Court of Appeal.
(5C) Subsections (1A) to (1C) and (3) of section 20 of the Prosecution of Offences Act 1985 (regulations as to amounts ordered to be paid out of central funds) apply in relation to amounts payable out of central funds under subsection (5) as they apply in relation to amounts payable out of central funds in pursuance of costs orders made under section 16 of that Act.
10 In consequence of the amendments made by paragraph 9, omit paragraph 8 of Schedule 1 to the Prosecution of Offences Act 1985.
Reference of sentence of Crown Court appearing to be unduly lenient
11 (1) Schedule 3 to the Criminal Justice Act 1988 (reference of sentence of Crown Court appearing to be unduly lenient) is amended as follows.
(2) In paragraph 11 (recovery of costs of representation)—
(a) number the existing provision sub-paragraph (1),
(b) in that sub-paragraph, omit “to his costs, that is to say”, and
(c) after that sub-paragraph insert—
(2) Sub-paragraph (1) has effect subject to—
(a) sub-paragraph (3), and
(b) regulations under section 20(1A)(d) of the Prosecution of Offences Act 1985 (as applied by this paragraph).
(3) A person is not entitled under sub-paragraph (1) to the payment of sums in respect of legal costs (as defined in section 16A of the Prosecution of Offences Act 1985) incurred in proceedings in the Court of Appeal.
(4) Subsections (1A) to (1C) and (3) of section 20 of the Prosecution of Offences Act 1985 (regulations as to amounts ordered to be paid out of central funds) apply in relation to funds payable out of central funds under sub-paragraph (1) as they apply in relation to amounts payable out of central funds in pursuance of costs orders made under section 16 of that Act.
(3) In paragraph 12 (application to Northern Ireland)—
(a) for “11”, in each place, substitute “ 11(1) ”, and
(b) after sub-paragraph (d) insert—
(e) paragraph 11 has effect as if sub-paragraphs (2) to (4) were omitted.
Part 3 Extradition Act 2003
Introduction
12 The Extradition Act 2003 is amended as follows.
Extradition to Category 1 Territories
13 (1) Section 61 (costs where discharge ordered) is amended as follows.
(2) After subsection (5) insert—
(5A) In England and Wales, an order under subsection (5) is to be made, and the appropriate amount is to be determined, in accordance with sections 62A and 62B.
(5B) In Scotland and Northern Ireland, an order under subsection (5) is to be made, and the appropriate amount is to be determined, in accordance with subsections (6) to (9).
14 In section 62 (supplementary provision about costs where discharge ordered) omit subsections (1) and (2).
15 After section 62 insert—
Appropriate amount: England and Wales
62A (1) For the purposes of an order under section 61(5), the appropriate amount is such amount as the judge or court making the order considers reasonably sufficient to compensate the person in whose favour the order is made for any expenses properly incurred by the person in the proceedings under this Part.
(2) But if the judge or court considers that there are circumstances that make it inappropriate for the person to recover the full amount mentioned in subsection (1), the order under section 61(5) must be for the payment out of money provided by Parliament of such lesser amount as the judge or court considers just and reasonable.
(3) Subsections (1) and (2) have effect subject to—
(a) section 62B, and
(b) regulations under section 20(1A)(d) of the Prosecution of Offences Act 1985 (as applied by this section).
(4) When making an order under section 61(5), the judge or court must fix the amount to be paid out of money provided by Parliament in the order if the judge or court considers it appropriate to do so and—
(a) the person in whose favour the order is made agrees the amount, or
(b) subsection (2) applies.
(5) Where the judge or court does not fix the amount to be paid out of money provided by Parliament in the order—
(a) the judge or court must describe in the order any reduction required under subsection (2), and
(b) the amount must be fixed by means of a determination made by or on behalf of the judge or court in accordance with procedures specified in regulations made by the Lord Chancellor.
(6) Subsections (1A) to (1C) and (3) of section 20 of the Prosecution of Offences Act 1985 (regulations as to amounts ordered to be paid out of central funds) apply in relation to amounts payable out of money provided by Parliament in pursuance of an order under section 61 as they apply in relation to amounts payable out of central funds in pursuance of costs orders made under section 16 of that Act.
(7) This section extends to England and Wales only.
Legal costs: England and Wales
62B (1) An order under section 61(5) may not require the payment out of money provided by Parliament of an amount that includes an amount in respect of legal costs incurred by the person in whose favour the order is made, subject to the following provisions of this section.
(2) Subsection (1) does not apply in relation to legal costs incurred in—
(a) proceedings in a magistrates' court, or
(b) proceedings in the Supreme Court.
(3) The Lord Chancellor may by regulations make provision about exceptions from the prohibition in subsection (1), including—
(a) provision amending this section by adding, modifying or removing an exception, and
(b) provision for an exception to arise where a determination has been made by a person specified in the regulations.
(4) Regulations under subsection (3) may not remove or limit the exception provided by subsection (2)(b).
(5) Where a judge or court makes an order under section 61(5) requiring the payment out of money provided by Parliament of an amount that includes an amount in respect of legal costs, the order must include a statement to that effect.
(6) Where, in an order under section 61(5), a judge or court fixes an amount to be paid out of money provided by Parliament that includes an amount in respect of legal costs incurred in proceedings in a court other than the Supreme Court, the latter amount must not exceed an amount specified by regulations made by the Lord Chancellor.
(7) In this section—
“legal costs” means fees, charges, disbursements and other amounts payable in respect of advocacy services or litigation services including, in particular, expert witness costs;
“advocacy services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right of audience in relation to any proceedings, or contemplated proceedings, to provide;
“expert witness costs” means amounts payable in respect of the services of an expert witness, including amounts payable in connection with attendance by the witness at court or elsewhere;
“litigation services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right to conduct litigation in relation to proceedings, or contemplated proceedings, to provide.
(8) This section extends to England and Wales only.
Extradition to Category 2 Territories
16 (1) Section 134 (costs where discharge ordered) is amended as follows.
(2) After subsection (5) insert—
(5A) In England and Wales, an order under subsection (5) is to be made, and the appropriate amount is to be determined, in accordance with sections 135A and 135B.
(5B) In Scotland and Northern Ireland, an order under subsection (5) is to be made, and the appropriate amount is to be determined, in accordance with subsections (6) to (9).
17 In section 135 (supplementary provision about costs where discharge ordered) omit subsections (1) and (2).
18 After section 135 insert—
Appropriate amount: England and Wales
135A (1) For the purposes of an order under section 134(5), the appropriate amount is such amount as the judge or court making the order considers reasonably sufficient to compensate the person in whose favour the order is made for any expenses properly incurred by the person in the proceedings under this Part.
(2) But if the judge or court considers that there are circumstances that make it inappropriate for the person to recover the full amount mentioned in subsection (1), the order under section 134(5) must be for the payment out of money provided by Parliament of such lesser amount as the judge or court considers just and reasonable.
(3) Subsections (1) and (2) have effect subject to—
(a) section 135B, and
(b) regulations under section 20(1A)(d) of the Prosecution of Offences Act 1985 (as applied by this section).
(4) When making an order under section 134(5), the judge or court must fix the amount to be paid out of money provided by Parliament in the order if the judge or court considers it appropriate to do so and—
(a) the person in whose favour the order is made agrees the amount, or
(b) subsection (2) applies.
(5) Where the judge or court does not fix the amount to be paid out of money provided by Parliament in the order—
(a) the judge or court must describe in the order any reduction required under subsection (2), and
(b) the amount must be fixed by means of a determination made by or on behalf of the court in accordance with procedures specified in regulations made by the Lord Chancellor.
(6) Subsections (1A) to (1C) and (3) of section 20 of the Prosecution of Offences Act 1985 (regulations as to amounts ordered to be paid out of central funds) apply in relation to amounts payable out of money provided by Parliament in pursuance of an order under section 134 as they apply in relation to amounts payable out of central funds in pursuance of costs orders made under section 16 of that Act.
(7) This section extends to England and Wales only.
Legal costs: England and Wales
135B (1) An order under section 134(5) may not require the payment out of money provided by Parliament of an amount that includes an amount in respect of legal costs incurred by the person in whose favour the order is made, subject to the following provisions of this section.
(2) Subsection (1) does not apply in relation to legal costs incurred in—
(a) proceedings in a magistrates' court, or
(b) proceedings in the Supreme Court.
(3) The Lord Chancellor may by regulations make provision about exceptions from the prohibition in subsection (1), including—
(a) provision amending this section by adding, modifying or removing an exception, and
(b) provision for an exception to arise where a determination has been made by a person specified in the regulations.
(4) Regulations under subsection (3) may not remove or limit the exception provided by subsection (2)(b).
(5) Where a judge or court makes an order under section 134(5) requiring the payment out of money provided by Parliament of an amount that includes an amount in respect of legal costs, the order must include a statement to that effect.
(6) Where, in an order under section 134(5), a judge or court fixes an amount to be paid out of money provided by Parliament that includes an amount in respect of legal costs incurred in proceedings in a court other than the Supreme Court, the latter amount must not exceed an amount specified by regulations made by the Lord Chancellor.
(7) In this section—
“legal costs” means fees, charges, disbursements and other amounts payable in respect of advocacy services or litigation services including, in particular, expert witness costs;
“advocacy services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right of audience in relation to any proceedings, or contemplated proceedings, to provide;
“expert witness costs” means amounts payable in respect of the services of an expert witness, including amounts payable in connection with attendance by the witness at court or elsewhere;
“litigation services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right to conduct litigation in relation to proceedings, or contemplated proceedings, to provide.
(8) This section extends to England and Wales only.
Regulations
19 In section 223(6) (orders and regulations subject to affirmative procedure), at the appropriate places insert— “ section 62B(3) ”; “ section 135B(3) ”.
Part 4 Savings
20 The amendments made by paragraphs 2 to 5 do not have effect in relation to costs orders made by a court in proceedings which commenced before the relevant day.
21 The amendments made by paragraphs 9 to 11 do not have effect in relation to a person's entitlement to costs in connection with a reference made before the relevant day.
22 The amendments made by paragraphs 12 to 19 do not have effect in relation to orders made by a judge or court in proceedings which commenced before the relevant day.
23 In paragraphs 20 to 22 “the relevant day”, in relation to an amendment, means the day on which the amendment comes into force.
24 For the purposes of paragraphs 20 and 22—
(a) proceedings commence in a magistrates' court when a warrant, requisition or summons relating to the proceedings is issued;
(b) proceedings commence on an appeal to the Crown Court when a notice of appeal is served;
(c) other proceedings commence in the Crown Court when they are committed, transferred or sent to that court;
(d) proceedings commence in the High Court when an application for leave to appeal by way of case stated is made or (in the absence of such an application) when notice of appeal is given;
(e) proceedings commence in the Court of Appeal when an application for leave to appeal is made or (in the absence of such an application) when notice of appeal is given;
(f) proceedings commence in the Supreme Court when an application for leave to appeal is made.
SCHEDULE 8 Costs in criminal cases: service courts
Section 62
Part 1 Appeals from Court Martial
Introduction
1 Part 2 of the Court Martial Appeals Act 1968 (appeals from Court Martial) is amended as follows.
Costs of successful appellant
2 (1) Section 31 (costs of successful appellant) is amended as follows.
(2) In subsection (1) omit “other than an appeal against sentence”.
(3) In subsection (2) at the end insert “ , subject to subsection (3), section 31A and regulations under section 33B(1)(d). ”
(4) After subsection (2) insert—
(3) Where the Appeal Court consider that there are circumstances that make it inappropriate for the appellant to recover the whole of the sums mentioned in subsection (2), a direction under this section must be for the payment of such lesser sums as they consider just and reasonable.
(4) The Appeal Court must fix the sums to be paid by the Secretary of State in the direction if they consider it appropriate to do so and—
(a) the appellant agrees the sums, or
(b) subsection (3) applies.
(5) Where the Appeal Court do not fix the sums to be paid by the Secretary of State in the direction—
(a) they must describe in the direction any reduction required under subsection (3), and
(b) the sums must be fixed by means of a determination made by or on behalf of the Appeal Court in accordance with procedures specified in regulations made by the Lord Chancellor.
Legal costs
3 After section 31 insert—
Legal costs
31A (1) The costs which the Appeal Court may direct the Secretary of State to pay under section 31 do not include legal costs, except where regulations made by the Lord Chancellor provide otherwise.
(2) Regulations under this section may, in particular, include—
(a) provision for an exception to arise where a determination has been made by a person specified in the regulations,
(b) provision requiring the Appeal Court, when they direct the payment of a sum that includes a sum in respect of legal costs, to include a statement to that effect in the direction, and
(c) provision that the Appeal Court may not direct the payment of a sum in respect of legal costs exceeding an amount specified in the regulations.
(3) In this section—
“legal costs” means fees, charges, disbursements and other amounts payable in respect of advocacy services or litigation services including, in particular, expert witness costs;
“advocacy services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right of audience in relation to any proceedings, or contemplated proceedings, to provide;
“expert witness costs” means amounts payable in respect of the services of an expert witness, including amounts payable in connection with attendance by the witness at court or elsewhere;
“litigation services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right to conduct litigation in relation to proceedings, or contemplated proceedings, to provide.
Witnesses' expenses
4 (1) Section 33 (witnesses' expenses) is amended as follows.
(2) In subsection (1) at the end insert “ , subject to subsection (3) and regulations under section 33B (1)(d) ”.
(3) At the end insert—
(3) Sums ordered to be paid out of money provided by Parliament under subsection (1) may not include sums in respect of expert witness costs (as defined in section 31A), unless regulations made by the Lord Chancellor provide otherwise.
Expenses of appellant not in custody
5 (1) Section 33A (appellant's expenses) is amended as follows.
(2) Number the existing provision subsection (1).
(3) After that subsection insert—
(2) The expenses which the Appeal Court may direct the Secretary of State to pay under this section do not include legal costs (as defined in section 31A), except where regulations made by the Lord Chancellor provide otherwise.
(3) Regulations under this section may, in particular, include—
(a) provision for an exception to arise where a determination has been made by a person specified in the regulations,
(b) provision requiring the Appeal Court, when they direct the payment of a sum that includes a sum in respect of legal costs, to include a statement to that effect in the direction, and
(c) provision that the Appeal Court may not direct the payment of a sum in respect of legal costs exceeding an amount specified in the regulations.
Further provision about costs
6 After section 33A insert—
Further provision about costs
33B (1) The Lord Chancellor may by regulations—
(a) make provision as to the sums that may be directed or ordered to be paid under section 31, 33 or 33A, whether by specifying rates or scales or by making other provision as to the calculation of the sums,
(b) make provision as to the circumstances in which and conditions under which such sums may be paid or directed or ordered to be paid,
(c) make provision requiring such sums to be fixed having regard to regulations under paragraphs (a) and (b),
(d) make provision requiring such sums to be calculated in accordance with such regulations (whether or not that results in the fixing of an amount that the court considers reasonably sufficient to compensate the person concerned), and
(e) make provision as to the review of determinations of sums directed to be paid under section 31.
(2) Regulations under this section may provide that provision as to the calculation of sums (whether in the form of rates or scales or other provision) may be determined by the Lord Chancellor with the consent of the Treasury.
Regulations
7 After section 33B insert—
Regulations
33C (1) Regulations under sections 31, 31A, 33, 33A and 33B may, in particular—
(a) make different provision in relation to different cases and different classes of case, including different provision in relation to different expenses, trouble and loss, different directions and orders and different areas, and
(b) make different provision in relation to the fixing of a sum in a direction or order and the fixing of a sum by means of a determination.
(2) A power to make regulations under those sections is exercisable by statutory instrument.
(3) A statutory instrument containing regulations under those sections is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (4).
(4) A statutory instrument containing (whether alone or with other provision) regulations under section 31A, 33 or 33A may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Consequential repeal
8 In consequence of the amendment made by paragraph 2(2), omit paragraph 1(6) of Schedule 2 to the Armed Forces Act 1971.
Part 2 Appeals from Court Martial Appeal Court
Introduction
9 Part 3 of the Court Martial Appeals Act 1968 (appeals from Court Martial Appeal Court) is amended as follows.
Application to Appeal Court
10 Before section 47 insert—
Costs: application to Appeal Court by Director of Service Prosecutions
46A (1) Where the Appeal Court dismiss an application for leave to appeal to the Supreme Court made by the Director of Service Prosecutions, the Appeal Court may direct the payment by the Secretary of State of such sums as appear to them to be reasonably sufficient to compensate the accused for any expenses properly incurred by the accused in resisting the application, subject to—
(a) subsection (2), and
(b) regulations under section 47A(1)(d).
(2) The sums which the Appeal Court may direct the Secretary of State to pay do not include legal costs (as defined in section 31A), except where regulations made by the Lord Chancellor provide otherwise.
(3) Regulations under subsection (2) may, in particular, include—
(a) provision for an exception to arise where a determination has been made by a person specified in the regulations,
(b) provision requiring the Appeal Court, when they direct the payment of a sum that includes a sum in respect of legal costs, to include a statement to that effect in the direction, and
(c) provision that the Appeal Court may not direct the payment of a sum in respect of legal costs exceeding an amount specified in the regulations.
Costs: application to Appeal Court by accused
46B Where the Appeal Court dismiss an application for leave to appeal to the Supreme Court made by the accused—
(a) the Appeal Court may make the like order as may be made by the Court under section 32(1) of this Act where they dismiss an application for leave to appeal to the Court,
(b) an order made under this section may be enforced in the manner described in section 32(2) of this Act, and
(c) section 32(3) of this Act applies in relation to any sum recovered by virtue of section 32(2)(a) (as applied by this section).
Application to Supreme Court
11 (1) Section 47 (costs) is amended as follows.
(2) In subsections (1) and (2) omit “the Appeal Court or” (in each place).
(3) After subsection (2) insert—
(2A) Section 32(3) of this Act applies in relation to any sum recovered by virtue of section 32(2)(a) (as applied by subsection (2)).
(4) In subsection (3), at the end insert
subject to—
(a) subsection (3A), and
(b) regulations under section 47A(1)(d).
(5) After subsection (3) insert—
(3A) The costs which the Supreme Court may direct the Secretary of State to pay do not include legal costs (as defined in section 31A) incurred in proceedings in a court below, except where regulations made by the Lord Chancellor provide otherwise.
(3B) Regulations under subsection (3A) may, in particular, include—
(a) provision for an exception to arise where a determination has been made by a person specified in the regulations,
(b) provision requiring the Supreme Court, when they direct the payment of a sum that includes a sum in respect of legal costs, to include a statement to that effect in the direction, and
(c) provision that the Supreme Court may not direct the payment of a sum in respect of legal costs exceeding an amount specified in the regulations.
(6) In subsection (4) for “the foregoing provisions of” substitute “ sections 46A, 46B and ”.
12 Accordingly, in the heading of section 47, at the end insert “ : application to Supreme Court ”.
Further provision about costs
13 After section 47 insert—
Further provision about costs
47A (1) The Lord Chancellor may by regulations—
(a) make provision as to the sums that may be directed to be paid under section 46A or 47(3), whether by specifying rates or scales or by making other provision as to the calculation of the sums,
(b) make provision as to the circumstances in which and conditions under which such sums may be paid or directed to be paid,
(c) make provision requiring such sums to be fixed having regard to regulations under paragraphs (a) and (b), and
(d) make provision requiring such sums to be calculated in accordance with such regulations (whether or not that results in the fixing of an amount that the court considers reasonably sufficient to compensate the person concerned).
(2) The power under subsection (1)(d) may not be exercised in respect of sums ordered to be paid by the Supreme Court in respect of expenses incurred in proceedings before that court.
(3) Regulations under this section may provide that provision as to the calculation of sums (whether in the form of rates or scales or other provision) may be determined by the Lord Chancellor with the consent of the Treasury.
Regulations
14 After section 47A insert—
Regulations
47B (1) Regulations under sections 46A, 47 and 47A may, in particular, make different provision in relation to different cases and different classes of case, including different provision in relation to different expenses, trouble and loss, different directions and orders and different areas.
(2) A power to make regulations under those sections is exercisable by statutory instrument.
(3) A statutory instrument containing regulations under those sections is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (4).
(4) A statutory instrument containing (whether alone or with other provision) regulations under section 46A or 47 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Part 3 Savings
15 The amendments made by this Schedule do not have effect in relation to directions and orders made by a court in proceedings commenced before the relevant day.
16 For the purposes of paragraph 15—
(a) “the relevant day”, in relation to an amendment, means the day on which the amendment comes into force;
(b) proceedings commence in the Court Martial Appeal Court when an application for leave to appeal is made or (in the absence of such an application) when notice of appeal is given;
(c) proceedings commence in the Supreme Court when an application for leave to appeal is made.
SCHEDULE 9 Changes to powers to make suspended sentence orders: consequential and transitory provision
Section 68
Part 1 Consequential amendments
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
1 In section 163(1) of the Powers of Criminal Courts (Sentencing) Act 2000 omit the definition of “operational period”.
Criminal Justice Act 2003 (c. 44)
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4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643)
13 In the Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 omit—
(a) article 2(2) (modifications to section 189 of the Criminal Justice Act 2003 pending the commencement of the repeal of section 78 of the Powers of Criminal Courts (Sentencing) Act 2000), and
(b) article 3(2)(a) (modifications to section 189 of the Criminal Justice Act 2003 pending the commencement of section 61 of the Criminal Justice and Court Services Act 2000).
Armed Forces Act 2006 (c. 52)
14 The Armed Forces Act 2006 is amended as follows.
15 (1) Section 200 (suspended sentence orders with or without community requirements) is amended as follows.
(2) In the heading omit “with or without community requirements”.
(3) Omit subsections (1) to (4) (power of relevant service court to make suspended sentence order with or without community requirements, and meanings of those terms).
(4) In subsection (5) (modification of section 189(1) of the Criminal Justice Act 2003 in its application to a relevant service court)—
(a) for “(b)(ii)” substitute “ (a) ”,
(b) for “the end of sub-paragraph (ii)” substitute “ “imprisonment),” ”, and
(c) in the words treated as substituted, for “(a)” substitute “(i)” and for “(b)” substitute “ (ii) ”.
(5) After subsection (6) insert—
(7) In this Chapter “a suspended sentence order with community requirements” means a suspended sentence order that imposes one or more community requirements within the meaning of section 189(7)(c) of the 2003 Act.
16 Omit section 201 (provisions of the Criminal Justice Act 2003 that do not apply to suspended sentence orders without community requirements).
17 In section 207 (definitions for purposes of Chapter 4 of Part 8)—
(a) in the definition of “suspended sentence order with community requirements” for “200(3)” substitute “ 200(7) ”, and
(b) omit the definition of “suspended sentence order without community requirements”.
18 (1) Schedule 7 (suspended prison sentence: further conviction or breach of requirement) is amended as follows.
(2) For the heading before paragraph 1 substitute “ Modifications of Part 2 of Schedule 12 to the 2003 Act ”.
(3) In paragraph 1 (modifications of Part 2 of Schedule 12 to the Criminal Justice Act 2003 in case of suspended sentence orders with community requirements) omit “with community requirements”.
(4) Omit paragraph 2 (modifications of Part 2 of Schedule 12 to the Criminal Justice Act 2003 in case of suspended sentence orders without community requirements) and the heading before that paragraph.
(5) After paragraph 6 insert—
6A Paragraph 8(2)(ba) of that Schedule has effect as if at the beginning there were inserted “where the court dealing with the offender is the Crown Court,”.
Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (SI 2009/1059)
19 In Schedule 2 to the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 omit paragraph 2(2) (modifications to section 189 of the Criminal Justice Act 2003 pending the commencement of the repeal of section 78 of the Powers of Criminal Courts (Sentencing) Act 2000).
Part 2 Transitory provision
20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 10 Repeal of sections 181 to 188 of Criminal Justice Act 2003: consequential amendments
Section 89
Prison Act 1952 (c. 52)
1 Omit section 49(4A) of the Prison Act 1952 (persons unlawfully at large).
Criminal Justice Act 1961 (c. 39)
2 In section 23 of the Criminal Justice Act 1961 (prison rules)—
(a) in subsection (3), for “Subject to subsection (3A), the days” substitute “ The days ”;
(b) omit subsection (3A).
Firearms Act 1968 (c. 27)
3 In section 21 of the Firearms Act 1968 (possession of firearms by persons previously convicted of crime), omit—
(a) subsection (2A)(d);
(b) subsection (2B);
(c) in subsection (6), “, (2B)”.
Magistrates' Courts Act 1980 (c. 43)
4 Omit section 131(2A) of the Magistrates' Courts Act 1980 (remand of accused already in custody).
Road Traffic Offenders Act 1988 (c. 53)
5 In section 35A of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence also imposed), omit subsection (4)(c) and (d).
Football Spectators Act 1989 (c. 37)
6 In the Football Spectators Act 1989, omit—
(a) section 14E(7) (banning orders);
(b) section 18(5) (information).
Prisoners (Return to Custody) Act 1995 (c. 3)
7 Omit section 1(1A) of the Prisoners (Return to Custody) Act 1995 (remaining at large after temporary release).
Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)
8 In Schedule 3 to the Goods Vehicles (Licensing of Operators) Act 1995 (qualifications for standard licence), in paragraph 3(2)(a), for the words from “of 12 months or more” to the end substitute “ exceeding 3 months ”.
Crime (Sentences) Act 1997 (c. 43)
9 (1) Schedule 1 to the Crime (Sentences) Act 1997 (transfers of prisoners within the British Islands) is amended as follows.
(2) In paragraph 6(4), omit the definitions of “custody plus order” and “intermittent custody order”.
(3) In paragraph 8, in sub-paragraphs (2) and (4)—
(a) after paragraph (aa) insert “ and ”;
(b) omit paragraph (ab).
(4) In paragraph 9, in sub-paragraphs (2) and (4)—
(a) after paragraph (aa) insert “ and ”;
(b) omit paragraph (ab).
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
10 In section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 (extension of disqualification where custodial sentence also imposed), omit subsection (4)(c) and (d).
Extradition Act 2003 (c. 41)
11 (1) The Extradition Act 2003 is amended as follows.
(2) In the following provisions, omit “(other than temporarily on licence pursuant to an intermittent custody order under section 183(1)(b) of the Criminal Justice Act 2003)”—
(a) section 59(11)(b) (return of person to serve remainder of sentence);
(b) section 132(11)(b) (return of person to serve remainder of sentence);
(c) section 153B(10)(a)(ii) (return of person in pursuance of undertaking).
(3) In section 216 (interpretation), omit subsection (6A).
Criminal Justice Act 2003 (c. 44)
12 The Criminal Justice Act 2003 is amended as follows.
13 In section 195 (interpretation of Chapter 3), omit the definitions of “custodial period”, “licence period” and “the number of custodial days”.
14 (1) Section 196 (meaning of “relevant order” in Chapter 4) is amended as follows.
(2) In subsection (1)—
(a) at the end of paragraph (a) insert “ or ”;
(b) omit paragraph (b);
(c) omit paragraph (d) and the word “or” preceding it.
(3) Omit subsection (2).
15 In section 197(1)(a)(i) (meaning of “responsible officer), omit “182(1) or”.
16 In section 202(4)(b) (circumstances in which court must not include programme requirement), omit “(or, where the relevant order is a custody plus order or an intermittent custody order, will be)”.
17 Omit section 204(4) and (5) (restrictions on imposing curfew requirement).
18 In section 213(3) (definition of “relevant period” for supervision requirement), omit paragraphs (b) and (c).
19 Omit section 216(2) (requirement to specify area in which offender will reside).
20 In section 241 (effect of direction under section 240 or 240A)—
(a) in subsection (1), omit “or Chapter 3 (prison sentences of less than twelve months)”;
(b) omit subsection (2).
21 (1) Section 244 (duty to release prisoners) is amended as follows.
(2) Omit subsection (2).
(3) In subsection (3)—
(a) omit paragraphs (b) and (c);
(b) in paragraph (d), omit “none of which falls within paragraph (c)”.
22 Omit section 245 (restrictions on duty to release intermittent custody prisoners).
23 (1) Section 246 (power to release prisoners on licence early) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (a), omit “, other than an intermittent custody prisoner,”;
(b) omit paragraph (b) and the word “and” preceding it.
(3) Omit subsection (3).
(4) In subsection (4)(i), omit from “or, where the sentence is one of intermittent custody” to the end.
(5) In subsection (5)—
(a) in paragraph (a), omit “or (b), (3)”;
(b) in paragraph (c), omit “or (3)(b)(ii)”.
(6) In subsection (6)—
(a) omit the definition of “the required custodial days”;
(b) in the definition of “the requisite custodial period”, omit “other than a sentence of intermittent custody” and “, (b)”;
(c) omit the definition of “sentence of intermittent custody”.
24 In section 249 (duration of licence)—
(a) in subsection (1), for “subsections (2) and (3)” substitute “ subsection (3) ”;
(b) omit subsection (2);
(c) in subsection (3), omit the words from “and subsection (2)” to the end;
(d) omit subsection (4).
25 In section 250 (licence conditions)—
(a) omit subsections (2), (2A), (3) and (6);
(b) in subsection (7), for the words from “section 264(3)” to the end substitute “ and section 264(3) (consecutive terms) ”.
26 Omit section 251 (licence conditions on re-release of those serving less than 12 months).
27 In section 252(2) (duty to comply with licence conditions: overseas)—
(a) at the end of paragraph (a) insert “ and ”;
(b) omit paragraph (b).
28 Omit section 253(4) (curfew conditions for those subject to intermittent custody order).
29 In section 260(7) (early removal of persons liable to removal from UK: definition of “requisite custodial period”), omit “, (b)”.
30 In section 261(6) (re-entry to UK of offender removed early: definitions), in the definition of “requisite custodial period”, omit “, (b)”.
31 Omit section 263(3) (concurrent terms: requirements of licence).
32 (1) Section 264 (consecutive terms) is amended as follows.
(2) Omit subsection (1)(c) and the “and” preceding it.
(3) In subsection (6) omit—
(a) paragraph (a)(iii) and the “and” preceding it;
(b) paragraph (b).
33 Omit section 264A (consecutive terms: intermittent custody).
34 Omit section 265(1B) (restriction on consecutive sentences: intermittent custody).
35 In section 268 (interpretation of Chapter 6), omit the definitions of “intermittent custody prisoner”, “release” and “relevant court order”.
36 In section 302 (execution of process between England and Wales and Scotland), omit “paragraph 8(1) of Schedule 10”.
37 In section 305(1) (interpretation of Part 12)—
(a) omit the definition of “custody plus order”;
(b) omit the definition of “intermittent custody order”;
(c) omit the words “custody plus order, intermittent custody order” (wherever they appear);
(d) in the definition of “responsible officer”, omit the words “a custody plus order, an intermittent custody order”.
38 (1) Schedule 12 (breach or amendment of suspended sentence order etc) is amended as follows.
(2) In paragraph 8(2) (powers of court on breach of community requirement or conviction of further offence)—
(a) in paragraph (a), omit “and custodial period”;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In paragraph 9(1) (further provision as to order that suspended sentence is to take effect)—
(a) omit “and custodial period”;
(b) omit paragraph (a).
39 In Schedule 32 (amendments relating to sentencing), omit paragraphs 12(2), (3) and (6), 29, 57, 58 and 68(2).
Domestic Violence, Crime and Victims Act 2004 (c. 28)
40 (1) The Domestic Violence, Crime and Victims Act 2004 is amended as follows.
(2) Omit section 31 and Schedule 6 (intermittent custody).
(3) In Schedule 11 (repeals), omit the entries relating to the Criminal Justice Act 2003.
Armed Forces Act 2006 (c. 52)
41 (1) The Armed Forces Act 2006 is amended as follows.
(2) In section 196 (term of sentence etc), omit—
(a) the reference to sections 181 and 182 of the Criminal Justice Act 2003;
(b) in the reference to Chapter 4 of Part 12 of that Act, the words “custody plus order or”.
(3) Omit sections 197 to 199 (imprisonment with or without custody plus order).
(4) In section 207 (definitions), omit the definition of “custody plus order”.
(5) In Schedule 7 (suspended sentence: further conviction or breach of requirement), omit paragraph 9(1)(a) (modification of paragraph 9(1)(a) of Schedule 12 to the Criminal Justice Act 2003).
(6) In Schedule 16 (minor and consequential amendments), omit paragraphs 222 and 223.
Criminal Justice and Immigration Act 2008 (c. 4)
42 Omit section 20(2) and (3) of the Criminal Justice and Immigration Act 2008.
Policing and Crime Act 2009 (c. 26)
43 Omit section 71(10) of the Policing and Crime Act 2009.
Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643)
44 Article 2(4) of the Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 is revoked.
SCHEDULE 11 Amendment of enactments relating to bail
Section 90
Bail Act 1976 (c. 63)
1 The Bail Act 1976 is amended as follows.
2 In section 2(2) (definitions)—
(a) insert the following definitions at the appropriate places—
“bail in non-extradition proceedings” means bail in criminal proceedings of the kind mentioned in section 1(1)(a),
;
“custodial sentence” means a sentence or order mentioned in section 76(1) of the Powers of Criminal Courts (Sentencing) Act 2000 or any corresponding sentence or order imposed or made under any earlier enactment,
;
“imprisonable offence” means an offence punishable in the case of an adult with imprisonment,
;
“sexual offence” means an offence specified in Part 2 of Schedule 15 to the Criminal Justice Act 2003,
;
“violent offence” means murder or an offence specified in Part 1 of Schedule 15 to the Criminal Justice Act 2003,
, and
(b) in the definition of “young person” for “seventeen” substitute “ eighteen ”.
3 (1) Section 3 (general provisions) is amended as follows.
(2) In subsection (6ZAA), for “person),” substitute “ person granted bail in criminal proceedings of the kind mentioned in section 1(1)(a) or (b)), section 3AAA (in the case of a child or young person granted bail in connection with extradition proceedings), ”.
(3) In subsection (7)—
(a) for “a child or young person” substitute “ a person under the age of seventeen ”,
(b) for the words “the child or young person”, in both places they appear, substitute “ the person ”, and
(c) in paragraph (a)—
(i) omit “of a young person”, and
(ii) omit “young” in the second place it appears.
4 (1) Section 3AA (conditions for the imposition of electronic monitoring requirements: children and young persons) is amended as follows.
(2) In the heading after “young persons” insert “ released on bail other than in extradition proceedings ”.
(3) In subsection (1) (conditions for the imposition of electronic monitoring conditions: children and young persons) after “young person” insert “ released on bail in criminal proceedings of the kind mentioned in section 1(1)(a) or (b) ”.
5 After section 3AA insert—
Conditions for the imposition of electronic monitoring requirements: children and young persons released on bail in extradition proceedings
3AAA (1) A court may not impose electronic monitoring requirements on a child or young person released on bail in connection with extradition proceedings unless each of the following conditions is met.
(2) The first condition is that the child or young person has attained the age of twelve years.
(3) The second condition is that—
(a) the conduct constituting the offence to which the extradition proceedings relate, or one or more of those offences, would, if committed in England and Wales, constitute a violent or sexual offence or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more, or
(b) the offence or offences to which the extradition proceedings relate, together with any other imprisonable offences of which the child or young person has been convicted in any proceedings—
(i) amount, or
(ii) would, if the child or young person were convicted of that offence or those offences, amount,
to a recent history of committing imprisonable offences while on bail or subject to a custodial remand.
(4) The third condition is that the court is satisfied that the necessary provision for dealing with the child or young person concerned can be made under arrangements for the electronic monitoring of persons released on bail that are currently available in each local justice area which is a relevant area.
(5) The fourth condition is that a youth offending team has informed the court that in its opinion the imposition of electronic monitoring requirements will be suitable in the case of the child or young person.
(6) The references in subsection (3)(b) to an imprisonable offence include a reference to an offence—
(a) of which the child or young person has been accused or convicted outside England and Wales, and
(b) which is equivalent to an offence that is punishable with imprisonment in England and Wales.
(7) The reference in subsection (3)(b) to a child or young person being subject to a custodial remand is to the child or young person being—
(a) remanded to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,
(b) remanded to local authority accommodation under section 23 of the Children and Young Persons Act 1969 or to prison under that section as modified by section 98 of the Crime and Disorder Act 1998 or under section 27 of the Criminal Justice Act 1948, or
(c) subject to a form of custodial detention in a country or territory outside England and Wales while awaiting trial or sentence in that country or territory or during a trial in that country or territory.
6 (1) Section 3AB (conditions for the imposition of electronic monitoring requirements: other persons) is amended as follows.
(2) In subsection (1) for “seventeen” substitute “ eighteen ”.
(3) Omit subsection (4).
7 In section 3AC (electronic monitoring: general provisions) in each of subsections (7) and (8) after “3AA” insert “ , 3AAA ”.
8 (1) Section 7 (liability to arrest for absconding or breaking conditions of bail) is amended as follows.
(2) In subsection (5) for “subsection (6)” substitute “ subsections (5A) and (6) ”.
(3) After subsection (5) insert—
(5A) A justice of the peace may not remand a person in, or commit a person to, custody under subsection (5) if—
(a) the person has attained the age of eighteen,
(b) the person was released on bail in non-extradition proceedings,
(c) the person has not been convicted of an offence in those proceedings, and
(d) it appears to the justice of the peace that there is no real prospect that the person will be sentenced to a custodial sentence in the proceedings.
(4) In subsection (6) for “the person so brought before the justice” substitute “ a person brought before a justice under subsection (4) or (4B) ”.
9 (1) Section 9A (bail decisions relating to persons aged under 18 who are accused of offences mentioned in Schedule 2 to the Magistrates' Courts Act 1980) is amended as follows.
(2) In the heading for “persons aged under 18” substitute “ children or young persons ”.
(3) In subsection (1)(a) for “person aged under 18” substitute “ child or young person ”.
(4) In subsections (2) and (3)(b) after “accused” insert “ child or young ”.
10 Part 1 of Schedule 1 (bail for defendants accused or convicted of certain imprisonable offences) is amended in accordance with paragraphs 11 to 21.
11 For the heading immediately before paragraph 1 (defendants to whom Part 1 applies) substitute “ Application of Part 1 ”.
12 In paragraph 1 (defendants to whom Part 1 applies) in sub-paragraph (1) after “sub-paragraph (2)” insert “ and paragraph 1A ”.
13 After paragraph 1 insert—
1A (1) The paragraphs of this Part of this Schedule mentioned in sub-paragraph (2) do not apply in relation to bail in non-extradition proceedings where—
(a) the defendant has attained the age of 18,
(b) the defendant has not been convicted of an offence in those proceedings, and
(c) it appears to the court that there is no real prospect that the defendant will be sentenced to a custodial sentence in the proceedings.
(2) The paragraphs are—
(a) paragraph 2 (refusal of bail where defendant may fail to surrender to custody, commit offences on bail or interfere with witnesses),
(b) paragraph 2A (refusal of bail where defendant appears to have committed indictable or either way offence while on bail), and
(c) paragraph 6 (refusal of bail where defendant has been arrested under section 7).
14 In paragraph 2 (exceptions to bail where defendant may fail to surrender to custody, commit offences on bail or interfere with witnesses) for sub-paragraph (2) substitute—
(2) Where the defendant falls within paragraph 6B, this paragraph does not apply unless—
(a) the court is of the opinion mentioned in paragraph 6A, or
(b) paragraph 6A does not apply by virtue of paragraph 6C.
15 After paragraph 2 insert—
2ZA (1) The defendant need not be granted bail if the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not), would commit an offence while on bail by engaging in conduct that would, or would be likely to, cause—
(a) physical or mental injury to an associated person; or
(b) an associated person to fear physical or mental injury.
(2) In sub-paragraph (1) “associated person” means a person who is associated with the defendant within the meaning of section 62 of the Family Law Act 1996.
16 For paragraph 2A (refusal of bail where defendant appears to have committed offence while on bail) substitute—
2A The defendant need not be granted bail if—
(a) the offence is an indictable offence or an offence triable either way, and
(b) it appears to the court that the defendant was on bail in criminal proceedings on the date of the offence.
17 For paragraph 6 (refusal of bail where defendant fails to surrender to custody or has been arrested under section 7) substitute—
6 The defendant need not be granted bail if, having previously been released on bail in, or in connection with, the proceedings, the defendant has been arrested in pursuance of section 7.
18 In paragraph 6A (certain drug users to be refused bail unless no significant risk of offending while on bail) for “is satisfied” substitute “ is of the opinion ”.
19 In paragraph 9 (considerations to which the court must have regard)—
(a) for “2A(1), 6(1) or 6A” substitute “ 2ZA(1) ”, and
(b) after “paragraph 6ZA” insert “ or 6A ”.
20 In paragraph 9AA (court to give particular weight to the fact that an under 18 defendant was on bail when the offence was committed) in sub-paragraph (1)(a) for “under the age of 18” substitute “ a child or young person ”.
21 In paragraph 9AB (factors to be given particular weight by the court when making a decision for the purposes of section 2(1)(a), in the case of an under 18 defendant who has failed to surrender) in sub-paragraph (1)(a) for “under the age of 18” substitute “ a child or young person ”.
22 Part 1A of Schedule 1 (bail for defendants accused or convicted of imprisonable offences to which Part 1 of that Schedule does not apply) is amended in accordance with paragraphs 23 to 26.
23 For the heading immediately before paragraph 1 (defendants to whom Part 1A applies) substitute “ Application of Part 1A ”.
24 In paragraph 1 (defendants to whom Part 1A applies) for “The” substitute “ Subject to paragraph 1A, the ”.
25 After paragraph 1 insert—
1A (1) The paragraphs of this Part of this Schedule mentioned in sub-paragraph (2) do not apply in relation to bail in, or in connection with, proceedings where—
(a) the defendant has attained the age of 18,
(b) the defendant has not been convicted of an offence in those proceedings, and
(c) it appears to the court that there is no real prospect that the defendant will be sentenced to a custodial sentence in the proceedings.
(2) The paragraphs are—
(a) paragraph 2 (refusal of bail for failure to surrender to custody),
(b) paragraph 3 (refusal of bail where defendant would commit further offences on bail), and
(c) paragraph 7 (refusal of bail in certain circumstances when arrested under section 7).
26 (1) Paragraph 4 (refusal of bail to defendants who are likely to cause injury or fear of injury) is amended as follows.
(2) The existing words become sub-paragraph (1).
(3) In paragraphs (a) and (b) of that sub-paragraph for “any person other than the defendant”, in both places those words appear, substitute “ an associated person ”.
(4) After that sub-paragraph insert—
(2) In sub-paragraph (1) “associated person” means a person who is associated with the defendant within the meaning of section 62 of the Family Law Act 1996.
27 Part 2 of Schedule 1 (bail for defendants accused or convicted of non-imprisonable offences) is amended in accordance with paragraphs 28 to 30.
28 In paragraph 2 (refusal of bail for failure to surrender to custody) after “bail if—” insert—
(za) the defendant—
(i) is a child or young person, or
(ii) has been convicted in the proceedings of an offence;
.
29 In paragraph 5 (refusal of bail in certain circumstances when arrested under section 7) after “bail if—” insert—
(za) the defendant—
(i) is a child or young person, or
(ii) has been convicted in the proceedings of an offence;
.
30 After paragraph 5 insert—
6 (1) The defendant need not be granted bail if—
(a) having been released on bail in, or in connection with, the proceedings for the offence, the defendant has been arrested in pursuance of section 7, and
(b) the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not), would commit an offence while on bail by engaging in conduct that would, or would be likely to, cause—
(i) physical or mental injury to an associated person, or
(ii) an associated person to fear physical or mental injury.
(2) In sub-paragraph (1) “associated person” means a person who is associated with the defendant within the meaning of section 62 of the Family Law Act 1996.
31 (1) Paragraph 2 of Part 3 of Schedule 1 (references to previous grants of bail) is amended as follows.
(2) In paragraph (b) for “section 14(1) of the Criminal Justice Act 2003” substitute “ paragraph 16 of Schedule 11 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
(3) In paragraph (c) for “section 15(1) of the Criminal Justice Act 2003” substitute “ paragraph 17 of Schedule 11 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
(4) After paragraph (f) insert
;
(g) as respects the reference in paragraph 6 of Part 2 of this Schedule, bail granted before the coming into force of that paragraph.
Bail (Amendment) Act 1993 (c. 26)
32 (1) Section 1 of the Bail (Amendment) Act 1993 (prosecution right of appeal where bail is granted) is amended as follows.
(2) After subsection (1A) insert—
(1B) Where a judge of the Crown Court grants bail to a person who is charged with, or convicted of, an offence punishable by imprisonment, the prosecution may appeal to the High Court against the granting of bail.
(1C) An appeal under subsection (1B) may not be made where a judge of the Crown Court has granted bail on an appeal under subsection (1).
(3) In subsection (2) for “Subsection (1) above applies” substitute “ Subsections (1) and (1B) above apply ”.
(4) In subsections (3), (4) and (8) for “or (1A)” substitute “ , (1A) or (1B) ”.
(5) In subsection (10)(a)—
(a) for “reference in subsection (1)” substitute “ references in subsections (1) and (1B) ”, and
(b) for “is to be read as a reference” substitute “ are to be read as references ”.
Criminal Justice and Public Order Act 1994 (c. 33)
33 In section 25 of the Criminal Justice and Public Order Act 1994 (no bail for defendants charged with or convicted of homicide or rape after previous conviction for such offences) in subsection (1) for “is satisfied” substitute “ is of the opinion ”.
Consequential amendments
34 In section 38(2A) of the Police and Criminal Evidence Act 1984 (considerations applicable to paragraph 2 of Part 1 of Schedule 1 to the 1976 Act to be taken into account by custody officer when making decision about bail after charge) for “paragraph 2(2)” substitute “ paragraphs 1A and 2(2) ”.
35 In section 200 of the Extradition Act 2003 (amendments to section 1 of the Bail (Amendment) Act 1993) omit subsections (4)(a) and (7)(a).
SCHEDULE 12 Remands of children otherwise than on bail: minor and consequential amendments
Section 105
Criminal Justice Act 1948 (c. 58)
1 Section 27 of the Criminal Justice Act 1948 (remand of persons aged 17 to 20) is amended as follows.
2 In the heading, for “17” substitute “ 18 ”.
3 In subsection (1) for “seventeen” substitute “ eighteen ”.
Prison Act 1952 (c. 52)
4 In section 43(1) of the Prison Act 1952 (power of Secretary of State to provide young offender institutions, secure training centres etc), at the end of paragraph (d) insert “ and in which children who have been remanded to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 may be detained ”.
Children and Young Persons Act 1969 (c. 54)
5 The Children and Young Persons Act 1969 is amended as follows.
6 Omit section 23 (remands and committals to local authority accommodation).
7 Omit section 23AA (electronic monitoring of conditions of remand).
8 Omit section 23A (liability to arrest for breaking conditions of remand).
9 (1) Section 23B (report by local authority in certain cases where person remanded on bail) is amended as follows.
(2) In subsection (2), at the end insert “ under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. ”
(3) In subsection (3), for “section 23(2) of this Act” substitute “ section 92(2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
(4) In subsection (6)—
(a) in paragraph (a), for “17” substitute “ 18 ”, and
(b) for paragraph (b) and the “and” at the end of that paragraph substitute—
(b) the requirements in section 94(3) and (4) or 95(3) and (4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 would have been fulfilled if the person had not been remanded on bail, and
.
(5) In subsection (7), in the definition of “serious offence”, after “means” insert “ (subject to subsection (8)) ”.
(6) After subsection (7) insert—
(8) For the purposes of the application of this section to a person remanded on bail in connection with proceedings under the Extradition Act 2003—
(a) an offence is a “serious offence” if the conduct constituting the offence would, if committed in England and Wales, constitute an offence punishable in the case of an adult with imprisonment for a term of two years or more, and
(b) the reference in subsection (1)(a) to a person being charged with a serious offence includes a reference to the person having been accused of such an offence.
10 (1) Section 32 (detention of absentees) is amended as follows.
(2) In subsection (1A)—
(a) in paragraph (b), omit sub-paragraph (iii), and
(b) after that paragraph insert—
(c) from a place in which the child or young person has been accommodated pursuant to a remand under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,
.
(3) In subsection (1B), for the “or” at the end of paragraph (b) substitute—
(ba) the place mentioned in subsection (1A)(c); or
.
(4) In subsection (1C), for paragraph (d) and the “or” preceding that paragraph substitute—
(d) where the child or young person was accommodated pursuant to a remand under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands to local authority accommodation), the designated authority within the meaning of section 107(1) of that Act; or
(e) where the child or young person was accommodated pursuant to a remand under section 91(4) of that Act (remands to youth detention accommodation), the Secretary of State.
11 In section 34(1) (transitional modifications of Part 1 for persons of specified ages)—
(a) in paragraph (c) omit “, 23(1)”, and
(b) omit paragraph (e).
12 In section 69 (orders and regulations etc) omit subsection (4A).
Local Authority Social Services Act 1970 (c. 42)
13 In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions for the purposes of the Act), at the end insert—
Legal Aid, Sentencing and Punishment of Offenders Act 2012
Section 92 | Functions in relation to a child remanded to local authority accommodation.
Bail Act 1976 (c. 63)
14 The Bail Act 1976 is amended as follows.
15 (1) Section 3AA (conditions for the imposition of electronic monitoring requirements: children and young persons) is amended as follows.
(2) In subsection (3)(b), for “to local authority accommodation” substitute “ subject to a custodial remand ”.
(3) For subsection (11) substitute—
(11) The references in subsection (3)(b) to an imprisonable offence include a reference to an offence—
(a) of which the child or young person has been convicted outside England and Wales, and
(b) which is equivalent to an offence that is punishable with imprisonment in England and Wales.
(12) The reference in subsection (3)(b) to a child or young person being subject to a custodial remand is to the child or young person being—
(a) remanded to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012,
(b) remanded to local authority accommodation under section 23 of the Children and Young Persons Act 1969 or to prison under that section as modified by section 98 of the Crime and Disorder Act 1998 or under section 27 of the Criminal Justice Act 1948, or
(c) subject to a form of custodial detention in a country or territory outside England and Wales while awaiting trial or sentence in that country or territory or during a trial in that country or territory.
16 In section 7(6) (arrest for absconding or breaking conditions of bail: powers of justice), for the words from “section 23” to the end of the subsection substitute “ section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail) ”.
17 In Part 3 of Schedule 1 (supplementary provisions about persons entitled to bail: interpretation), in paragraph 3, for the words from “the care of” to the end of the paragraph substitute “ accommodation pursuant to a remand under section 91(3) or (4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands to local authority accommodation or youth detention accommodation). ”
Child Abduction Act 1984 (c. 37)
18 The Child Abduction Act 1984 is amended as follows.
19 In section 1(8) (offence of child abduction: modifications in relation to children remanded to local authority accommodation etc), for “to a local authority accommodation” substitute “ otherwise than on bail ”.
20 In paragraph 2 of the Schedule (modifications of section 1 in case of children in places of safety etc)—
(a) in sub-paragraph (1), in paragraph (b) omit “section 23 of the Children and Young Persons Act 1969,”,
(b) in that sub-paragraph, at the end of paragraph (ba) insert
; or
(bb) remanded to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
, and
(c) in sub-paragraph (2)(a), after “place of safety” insert “ , local authority accommodation or youth detention accommodation ”.
Police and Criminal Evidence Act 1984 (c. 60)
21 In section 17(1)(ca) of the Police and Criminal Evidence Act 1984 (powers of entry and search of premises for purpose of arresting child or young person remanded to local authority accommodation), for the words from “or committed” to “that Act” substitute “ to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
Prosecution of Offences Act 1985 (c. 23)
22 In section 22(11) of the Prosecution of Offences Act 1985 (time limits in relation to preliminary stages of criminal proceedings: interpretation), in the definition of “custody” for the words from “to which” to “Act 1969” substitute “ or youth detention accommodation to which a person is remanded under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
Children Act 1989 (c. 41)
23 The Children Act 1989 is amended as follows.
24 In section 21(2)(c) (duty to receive and provide accommodation for certain kinds of children) omit sub-paragraph (i) (children on remand under section 23(1) of the Children and Young Persons Act 1969).
25 In Schedule 12 (minor amendments), omit paragraph 28(b).
Criminal Justice Act 1991 (c. 53)
26 The Criminal Justice Act 1991 is amended as follows.
27 Omit section 60(1).
28 In section 60(3) (applications under section 25 of the Children Act 1989 in case of child remanded or committed to local authority accommodation)—
(a) omit “or committed”, and
(b) after “local authority accommodation” insert “ under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
29 Omit section 61 (provision by local authorities of secure accommodation).
30 Omit section 61A (cost of secure accommodation).
31 In section 92(3) (application of prisoner escort provisions to persons remanded etc under section 23 of the Children and Young Persons Act 1969)—
(a) in paragraph (a), for the words from “or committed” to “1969 Act” substitute “ to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”, and
(b) in paragraph (b) for “such accommodation” substitute “ accommodation in which a person is or is to be accommodated pursuant to such a remand ”.
Bail (Amendment) Act 1993 (c. 26)
32 In section 1(10) of the Bail (Amendment) Act 1993 (prosecution right of appeal against grant of bail: application to children and young persons)—
(a) for the words from “child” to “Act 1969)” substitute “ person under the age of 18 ”, and
(b) in paragraph (b) for the words from “section 23” to “accommodation)” substitute “ Chapter 3 of Part 3 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail) ”.
Criminal Justice and Public Order Act 1994 (c. 33)
33 The Criminal Justice and Public Order Act 1994 is amended as follows.
34 Omit sections 19(1) and (3), 21 and 23.
35 In Schedule 9 (minor amendments) omit paragraph 38.
Crime and Disorder Act 1998 (c. 37)
36 The Crime and Disorder Act 1998 is amended as follows.
37 In section 38(4)(d) (definition of “youth justice services”: placements pursuant to remands to local authority accommodation), for the words from “or committed” to “1969 Act”)” substitute “ to such accommodation under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
38 In section 41(5) (functions of the Youth Justice Board for England and Wales) omit—
(a) paragraph (i)(iii) (agreements for the provision of accommodation for detention under section 23(4)(c) of the Children and Young Persons Act 1969 as modified by section 98 of the Crime and Disorder Act 1998), and
(b) paragraph (k) (assistance to local authorities in discharging duty under section 61 of the Criminal Justice Act 1991).
39 In section 57A(3) (use of live link for accused's attendance at preliminary or sentencing hearing: interpretation), in paragraph (a) of the definition of “custody”, for the words from “to which” to “Act 1969” substitute “ or youth detention accommodation to which a person is remanded under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
40 Omit sections 97 and 98.
Access to Justice Act 1999 (c. 22)
41 In Schedule 4 to the Access to Justice Act 1999 (amendments consequential on Part 1), omit paragraphs 4, 6 and 7.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Care Standards Act 2000 (c. 14)
45 In Schedule 4 to the Care Standards Act 2000 (minor and consequential amendments), omit paragraphs 3 and 17.
Criminal Justice and Court Services Act 2000 (c. 43)
46 (1) Schedule 7 to the Criminal Justice and Court Services Act 2000 (minor and consequential amendments) is amended as follows.
(2) In paragraph 4(2), in the entry for the Children and Young Persons Act 1969, omit the words from “section 23(4)” to “15 and 16 year old boys)),”.
(3) Omit paragraph 39.
Criminal Justice and Police Act 2001 (c. 16)
47 In the Criminal Justice and Police Act 2001, omit sections 130, 132 and 133(1).
Courts Act 2003 (c. 39)
48 In Schedule 8 to the Courts Act 2003 (minor and consequential amendments), omit paragraph 135.
Extradition Act 2003 (c. 41)
49 In the Extradition Act 2003, omit section 201.
Criminal Justice Act 2003 (c. 44)
50 The Criminal Justice Act 2003 is amended as follows.
51 In section 242 (interpretation of provisions about crediting periods of remand in custody)—
(a) in subsection (2)(b), for the words from “or committed” to “that section” substitute “ to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”, and
(b) omit subsection (3).
52 In Schedule 32 (amendments relating to sentencing), omit paragraph 15.
Criminal Defence Service Act 2006 (c. 9)
53 In section 4(2) of the Criminal Defence Service Act 2006 (provisions to which certain consequential amendments apply), omit paragraphs (a) and (b).
Violent Crime Reduction Act 2006 (c. 38)
54 In the Violent Crime Reduction Act 2006, omit section 61.
Criminal Justice and Immigration Act 2008 (c. 4)
55 In Schedule 26 to the Criminal Justice and Immigration Act 2008 (minor and consequential amendments), omit paragraph 5.
Children and Young Persons Act 2008 (c. 23)
56 In Schedule 1 to the Children and Young Persons Act 2008 (children looked after by local authorities: supplementary and consequential provision), omit paragraph 8.
Offender Management Act 2007 (Consequential Amendments) Order 2008 (SI 2008/912)
57 In Schedule 1 to the Offender Management Act 2007 (Consequential Amendments) Order 2008 (amendments of Acts), omit paragraph 13(6).
Policing and Crime Act 2009 (c. 26)
58 In paragraph 14(3) of Schedule 5A to the Policing and Crime Act 2009 (detention order for breach of injunction: meaning of youth detention accommodation) for paragraph (c) substitute—
(c) a secure children's home, as defined by section 102(11) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Section 110
Part 1 Armed Forces amendments
1 The Armed Forces Act 2006 is amended as follows.
2 (1) Section 246 (crediting of time in service custody: terms of imprisonment and detention) is amended as follows.
(2) For subsections (2) to (5) substitute—
(2) The number of days for which the offender was kept in service custody in connection with the offence in question or any related offence since being so charged is to count as time served by the offender as part of the sentence.
But this is subject to subsections (2A) to (2C).
(2A) If, on any day on which the offender was kept in service custody, the offender was also detained in connection with any other matter, that day is not to count as time served.
(2B) A day counts as time served—
(a) in relation to only one sentence, and
(b) only once in relation to that sentence.
(2C) A day is not to count as time served as part of any period of 28 days served by the offender before automatic release (see section 255B(1) of the 2003 Act).
(3) In subsection (6)—
(a) omit “and” at the end of paragraph (a), and
(b) after paragraph (b) insert
, and
(c) a determinate sentence of detention in a young offender institution,
.
3 (1) Section 247 (crediting of time in service custody: supplementary) is amended as follows.
(2) In subsection (2)—
(a) after “in connection with other offences” insert “ (but see section 246(2B)) ”, and
(b) omit “, or has also been detained in connection with other matters”.
(3) After subsection (2) insert—
(2A) The reference in section 246(2A) to detention in connection with any other matter does not include remand in custody in connection with another offence but includes—
(a) detention pursuant to any custodial sentence;
(b) committal in default of payment of any sum of money;
(c) committal for want of sufficient distress to satisfy any sum of money;
(d) committal for failure to do or abstain from doing anything required to be done or left undone.
(4) In subsection (4) for “the reference in section 246(2)” substitute “ the references in section 246(2) and (2B) ”.
4 In section 373(3) (orders, regulations and rules) in paragraph (g) omit “or 246”.
5 In Schedule 16 (minor and consequential amendments), omit paragraph 228.
Part 2 Other amendments
Criminal Appeal Act 1968 (c. 19)
6 In Schedule 2 to the Criminal Appeal Act 1968 (procedural and other provisions applicable on order for retrial), in paragraph 2(4), for “Sections 240” substitute “ Sections 240ZA ”.
Immigration Act 1971 (c. 77)
7 In section 7 of the Immigration Act 1971 (exemption from deportation for certain existing residents), in subsection (4), after “section 240” insert “ , 240ZA or 240A ”.
Road Traffic Offenders Act 1988 (c. 53)
8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
International Criminal Court Act 2001 (c. 17)
13 In Schedule 7 to the International Criminal Court Act 2001 (domestic provisions not applicable to ICC prisoners), in paragraph 2(1)(d), for “sections 240” substitute “ sections 240ZA ”.
SCHEDULE 14 Prisoners serving less than 12 months: consequential amendments
Section 111
Road Traffic Offenders Act 1988 (c. 53)
1 In section 35A of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence also imposed)—
(a) in subsection (8), after “section” insert “ 243A(3)(a), ”;
(b) in subsection (9)(a), after “in respect of section” insert “ 243A(3)(a) or ”.
Crime (Sentences) Act 1997 (c. 43)
2 In Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands), in paragraphs 8(2)(a) and 9(2)(a), after “sections 241,” insert “ 243A, ”.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
International Criminal Court Act 2001 (c. 17)
4 In Schedule 7 to the International Criminal Court Act 2001 (domestic provisions not applicable to ICC prisoners), in paragraph 3(1), for “sections 244” substitute “ sections 243A ”.
Criminal Justice Act 2003 (c. 44)
5 The Criminal Justice Act 2003 is amended as follows.
6 (1) Section 244 (duty to release prisoners on licence) is amended as follows.
(2) In subsection (1)—
(a) after “section” in the first place it appears insert “ 243A or ”;
(b) after “the requisite custodial period” insert “ for the purposes of this section ”.
(3) In subsection (3)—
(a) for “In this section” substitute “ For the purposes of this section ”;
(b) in paragraph (a)—
(i) for “any” substitute “ a ”;
(ii) after “the Sentencing Act” insert “ for such a term ”.
7 In section 246(6) (power to release prisoners early: definitions), in the definition of “the requisite custodial period”, after “has the meaning given by” insert “ paragraph (a) or (b) of section 243A(3) or (as the case may be) ”.
8 (1) Section 249 (duration of licence) is amended as follows.
(2) In subsection (1), after “a fixed-term prisoner” insert “ , other than one to whom section 243A applies, ”.
(3) After subsection (1) insert—
(1A) Where a prisoner to whom section 243A applies is released on licence, the licence shall, subject to any revocation under section 254 or 255, remain in force until the date on which, but for the release, the prisoner would have served one-half of the sentence.
This is subject to subsection (3).
(4) In subsection (3)—
(a) for “Subsection (1) has” substitute “ Subsections (1) and (1A) have ”;
(b) omit “and (4)”.
9 In section 250(4) (licence conditions) omit “for a term of twelve months or more” and “such” in the first place it appears.
10 In section 253(3) (period for which curfew condition to remain in force), after “fall to be released” insert “ unconditionally under section 243A or ”.
11 In section 260 (early removal of prisoners liable to removal from UK)—
(a) in subsection (5), after “section” in the second place it appears insert “ 243A, ”;
(b) in subsection (7), after “has the meaning given by” insert “ paragraph (a) or (b) of section 243A(3) or (as the case may be) ”.
12 (1) Section 261 (re-entry to UK of offender removed early) is amended as follows.
(2) In subsection (5), for “section 244” substitute “ section 243A or 244 (as the case may be) ”.
(3) In subsection (6)—
(a) in the definition of “requisite custodial period”, after “has the meaning given by” insert “ paragraph (a) or (b) of section 243A(3) or (as the case may be) ”;
(b) in the definition of “sentence expiry date”—
(i) after “but for his” insert “ release from prison and ”;
(ii) for “ceased to be subject to a licence” substitute “ served the whole of the sentence ”.
13 In section 263(2) (concurrent terms)—
(a) after paragraph (a) insert—
(aa) the offender's release is to be unconditional if section 243A so requires in respect of each of the sentences (and in any other case is to be on licence),
;
(b) in paragraph (b), after “each of the others” insert “ to which that section applies ”;
(c) in paragraph (c), after “release under this Chapter” insert “ (unless that release is unconditional) ”.
14 In section 264 (consecutive terms)—
(a) in subsection (2), omit “on licence”;
(b) in subsection (3), for “any of the terms of imprisonment is a term of twelve months or more” substitute “ the aggregate length of the terms of imprisonment is 12 months or more ”;
(c) after subsection (3) insert—
(3A) Where the aggregate length of the terms of imprisonment is less than 12 months, the offender's release under this Chapter is to be unconditional.
;
(d) omit subsections (4) and (5);
(e) in subsection (6)(a)(ii)—
(i) for “a term of twelve months or more” substitute “ any other sentence ”;
(ii) for “the term” substitute “ the sentence ”;
(f) in subsection (7), omit “of 12 months or more”.
15 In section 267 (alteration by order of proportion of sentence), after “any reference in” insert “ section 243A(3)(a), ”.
16 The heading of Chapter 6 of Part 12 becomes “ Release, licences and recall ”.
Commencement of repeal
17 The repeal by section 303(a) of the Criminal Justice Act 2003 of sections 33 to 51 of the Criminal Justice Act 1991 has effect in relation to any sentence of imprisonment which—
(a) is of less than 12 months (whether or not such a sentence is imposed to run concurrently or consecutively with another such sentence), and
(b) is imposed in respect of an offence committed on or after 4 April 2005,
and paragraph 14 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Savings Provisions) Order 2005 (S.I. 2005/950) is accordingly revoked.
SCHEDULE 15 Application of sections 108 to 119 and transitional and transitory provision
Section 120
1 In this Schedule—
(a) “the commencement date”, in relation to any of sections 108 to 118, means the day appointed under section 151 for the coming into force of that section;
(b) “Chapter 6” means Chapter 6 of Part 12 of the 2003 Act, as amended by those sections;
(c) “the 2003 Act” means the Criminal Justice Act 2003.
2 (1) The following provisions apply in relation to any person who falls to be released under Chapter 6 on or after the commencement date—
(a) section 108 (but this is subject to sub-paragraph (3));
(b) in section 110—
(i) subsections (1) to (7), (9) and (12) so far as they relate to section 240ZA of the 2003 Act, and
(ii) subsection (10);
(c) section 111;
(d) section 115;
(e) section 116;
(f) Part 1 of Schedule 13 and section 110(13) so far as it relates to that Part (but this is subject to sub-paragraph (3)).
(2) Section 117 applies in relation to any person who falls to be released under Chapter 6, or (as the case may be) under Chapter 2 of Part 2 of the Crime (Sentences) Act 1997, on or after the commencement date.
(3) Where a court, before the commencement date, has given a direction under section 240(3) of the 2003 Act or section 246(2) of the Armed Forces Act 2006—
(a) if the number of days in relation to which the direction is given is greater than the number of days calculated under the new provisions, the direction continues to have effect (in place of the new provisions);
(b) in any other case, the direction ceases to have effect.
(4) In sub-paragraph (3) “the new provisions” means—
(a) where the direction was given under section 240(3) of the 2003 Act, section 240ZA of that Act;
(b) where the direction was given under section 246(2) of the Armed Forces Act 2006, section 246 of that Act as amended by Part 1 of Schedule 13.
3 The following provisions apply in relation to any person sentenced on or after the commencement date—
(a) section 109;
(b) in section 110—
(i) subsections (1) to (7), (9) and (12) so far as they relate to section 240A of the 2003 Act, and
(ii) subsection (8).
4 The amendments made by section 112 do not affect the release under Chapter 6 of any prisoner before the commencement date.
5 Section 113 applies in relation to any person recalled under section 254 of the 2003 Act before the commencement date (as well as in relation to any person recalled under that section on or after that date).
6 Section 114 applies in relation to any person recalled under that section on or after the commencement date.
7 Section 119 applies in relation to any person who, on the day on which this Act is passed, has served the relevant part of the sentence (as well as in relation to any person who, on that date, has not served that part).
SCHEDULE 16 Amendments of Criminal Justice Act 2003: transitional and consequential provision
Section 121
Part 1 Transitional provision
1 The Criminal Justice Act 2003 is amended as follows.
2 After section 267 insert—
Application of Chapter 6 to pre-4 April 2005 cases
267A Schedule 20A (which modifies certain provisions of this Chapter as they apply to persons serving a sentence for an offence committed before 4 April 2005) has effect.
3 After Schedule 20 insert—
SCHEDULE 20A
Application of Chapter 6 of Part 12 to pre-4 April 2005 cases
Section 267A
1 In this Schedule—
“the 1991 Act” means the Criminal Justice Act 1991;
“the commencement date” means the date on which section 121 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force.
2 Paragraphs 3 to 9 apply in relation to any person serving a sentence for an offence committed before 4 April 2005, whenever that sentence was imposed (see section 121(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012).
3 (1) Any relevant period is to be treated, for the purposes of section 240ZA, as if it were a period for which the offender was remanded in custody in connection with the offence.
(2) “Relevant period” means any period which would (but for the repeal of section 67 of the Criminal Justice Act 1967) be a relevant period within the meaning of that section (reduction of sentences by period spent in custody etc).
4 Section 246 applies as if, in subsection (4)—
(a) the reference in paragraph (a) to section 227 or 228 were a reference to section 85 of the Sentencing Act;
(b) the reference in paragraph (d) to paragraph 9(1)(b) or (c) or 10(1)(b) or (c) of Schedule 8 were a reference to paragraph 4(1)(d) or 5(1)(d) of Schedule 3 to the Sentencing Act;
(c) in paragraph (g)—
(i) the reference to section 246 included a reference to section 34A of the 1991 Act,
(ii) the reference to section 255(1)(a) included a reference to section 38A(1)(a) or 39(1) or (2) of the 1991 Act, and
(iii) the reference to section 255(3) included a reference to section 38A(3) of the 1991 Act;
(d) the references in paragraph (h) to sections 248 and 254 included references to, respectively, sections 36 and 39(1) or (2) of the 1991 Act; and
(e) in paragraph (i), the words from “in the case of” to “relates” were omitted.
5 (1) Where the person has been released on licence under Part 2 of the 1991 Act or under section 60 of the Criminal Justice Act 1967 before the commencement date, the person is to be treated as if the release had been under this Chapter.
(2) In particular, the following provisions apply.
(3) A licence under section 34A of the 1991 Act is to be treated as if it were a licence under section 246.
(4) A licence under section 36 of the 1991 Act is to be treated as if it were a licence under section 248.
(5) Any condition of a licence specified under section 37 of the 1991 Act is to have effect as if it were included under section 250 (whether or not the condition is of a kind which could otherwise be included under that section).
(6) Where the licence is, on the commencement date, subject to a suspension under section 38(2) of the 1991 Act, the suspension continues to have effect for the period specified by the court despite the repeal of that section.
(7) A licence under section 40A of the 1991 Act is to be treated as if it were a licence under this Chapter, except that in respect of any failure (before or after the commencement date) to comply with the conditions of the licence, the person is liable to be dealt with in accordance with section 40A(4) to (6) (despite the repeal of that section) and is not liable to be dealt with in any other way.
(8) Sub-paragraph (1) does not affect the duration of the licence.
6 (1) Where a person has been recalled under Part 2 of the 1991 Act before the commencement date, the person is to be treated as if the recall had been under section 254.
(2) In particular, the following provisions apply.
(3) If the Secretary of State has not referred the person's case to the Board under section 39(4) or 44A of the 1991 Act, the Secretary of State must refer the case under section 255C(4).
(4) If the Secretary of State has referred the person's case to the Board under section 39(4) or 44A of the 1991 Act, that reference is to be treated as if it had been made under section 255C(4).
(5) A determination of a reference under section 39(4) or 44A of the 1991 Act is to be treated as a determination under section 256(1).
(6) If the person is released on licence, the duration of that licence is determined in accordance with section 249 (subject to paragraphs 17, 19 and 26 of Schedule 20B).
7 Rules made by virtue of section 42 of the 1991 Act have effect as if made by virtue of section 257.
8 (1) A person removed from prison under section 46A of the 1991 Act before the commencement date is to be treated as having been removed from prison under section 260.
(2) Section 260 applies as if, in subsection (7)—
(a) the reference to an extended sentence imposed under section 227 or 228 were a reference to an extended sentence imposed under section 85 of the Sentencing Act, and
(b) the reference to the appropriate custodial term determined under section 227 or 228 were a reference to the custodial term determined under section 85.
9 An order made under section 47 of the 1991 Act is to have effect as if it were an order made under section 243.
10 Section 264 applies as if the definition of “custodial period” in subsection (6) included, in relation to an extended sentence imposed under section 85 of the Sentencing Act, one-half of the custodial term determined under that section.
Part 2 Consequential amendments
Repatriation of Prisoners Act 1984 (c. 47)
4 In section 2(4)(b)(i) of the Repatriation of Prisoners Act 1984 (power to provide for prisoner to be treated as having been released) for “section 244 or 246” substitute “ Chapter 6 of Part 12 ”.
Criminal Justice Act 1991 (c. 53)
5 In Schedule 12 to the Criminal Justice Act 1991, omit paragraphs 8 to 13 (transitional provisions relating to the coming into force of Part 2 of that Act).
Crime (Sentences) Act 1997 (c. 43)
6 Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands) is amended as follows.
7 In paragraph 8 (transfers to Scotland)—
(a) in sub-paragraph (2)(a), after “246 to 264A” insert “ , 267A and 267B ”;
(b) in sub-paragraph (4)(a), for “and 249 to 264A” substitute “ , 249 to 264A, 267A and 267B ”.
8 In paragraph 9(2)(a) and (4)(a) (transfers to Northern Ireland), for “and 254 to 264A” substitute “ , 254 to 264A, 267A and 267B ”.
Extradition Act 2003 (c. 41)
9 The Extradition Act 2003 is amended as follows.
10 In section 59 (return of person to serve remainder of sentence), in subsection (11)—
(a) omit paragraph (a);
(b) in paragraph (b), for “section 244” substitute “ Chapter 6 of Part 12 ”.
11 In section 132 (return of person to serve remainder of sentence), in subsection (11)—
(a) omit paragraph (a);
(b) in paragraph (b), for “section 244” substitute “ Chapter 6 of Part 12 ”.
12 In section 153B (return of person in pursuance of undertaking), in subsection (10)(a)—
(a) omit sub-paragraph (i);
(b) in sub-paragraph (ii), for “section 244” substitute “ Chapter 6 of Part 12 ”.
Criminal Justice Act 2003 (c. 44)
13 The Criminal Justice Act 2003 is amended as follows.
14 In section 240A(1)(a) (crediting of periods of remand on bail), omit the words “committed on or after 4th April 2005”.
15 (1) The repeal by section 25 of the Criminal Justice and Immigration Act 2008 of provisions in section 247 of the Criminal Justice Act 2003 comes fully into force.
(2) Accordingly, in paragraph 2 of Schedule 2 to the Criminal Justice and Immigration Act 2008 (Commencement No.2 and Transitional and Savings Provisions) Order 2008 (S.I. 2008/1586), omit “and 25”.
16 Omit section 262 and Schedule 20 (prisoners liable to removal from United Kingdom).
17 Omit section 265(1A) (restriction on consecutive sentences for released prisoners).
Domestic Violence, Crime and Victims Act 2004 (c. 28)
18 Omit paragraph 46 of Schedule 10 to the Domestic Violence, Crime and Victims Act 2004.
Police and Justice Act 2006 (c. 48)
19 Omit paragraph 33 of Schedule 13 to the Police and Justice Act 2006.
Criminal Justice and Immigration Act 2008 (c. 4)
20 In the Criminal Justice and Immigration Act 2008, omit—
(a) sections 20(4)(b), 26 to 28, 32 and 33(1), (3), (5) and (6);
(b) paragraph 29(2) to (5) of Schedule 26;
(c) paragraphs 8 and 9 of Schedule 27.
Coroners and Justice Act 2009 (c. 25)
21 In the Coroners and Justice Act 2009, omit—
(a) section 145;
(b) paragraph 43 of Schedule 22.
Criminal Justice and Immigration Act 2008 (Commencement No.1 and Transitional Provisions) Order 2008 (S.I. 2008/1466)
22 Article 3 of the Criminal Justice and Immigration Act 2008 (Commencement No.1 and Transitional Provisions) Order 2008 (S.I. 2008/1466) is revoked.
SCHEDULE 17 Criminal Justice Act 2003: restatement of transitional provision
Section 121
1 The Criminal Justice Act 2003 is amended as follows.
2 In section 244 (duty to release prisoners on licence), after subsection (3) insert—
(4) This section is subject to paragraphs 5, 6, 8, 25 and 28 of Schedule 20B (transitional cases).
3 In section 247 (release on licence of prisoner serving extended sentence), after subsection (7) insert—
(8) In its application to a person serving a sentence imposed before 14 July 2008, this section is subject to the modifications set out in paragraph 15 of Schedule 20B (transitional cases).
4 In section 249 (duration of licence), at the end insert—
(5) This section is subject to paragraphs 17, 19 and 26 of Schedule 20B (transitional cases).
5 (1) Section 258 (early release of fine defaulters and contemnors) is amended as follows.
(2) After subsection (2) insert—
(2A) Subsection (2) is subject to paragraph 35 of Schedule 20B (transitional cases).
(3) In subsection (3) after “in this section” insert “ or in paragraph 35 of Schedule 20B ”.
6 In section 260 (early removal of prisoners liable to removal from UK), after subsection (7) insert—
(8) Paragraphs 36 and 37 of Schedule 20B (transitional cases) make further provision about early removal of certain prisoners.
7 In section 263 (concurrent terms), after subsection (4) insert—
(5) This section is subject to paragraphs 21, 31 and 32 of Schedule 20B (transitional cases).
8 In section 264 (consecutive terms), after subsection (7) insert—
(8) This section is subject to paragraphs 21, 22, 31, 32 and 33 of Schedule 20B (transitional cases).
9 After section 267A (inserted by Schedule 16) insert—
Modification of Chapter 6 in certain transitional cases
267B Schedule 20B (which modifies this Chapter so as to restate, with minor amendments, the effect of transitional provisions relating to the coming into force of this Chapter) has effect.
10 After Schedule 20A (inserted by Schedule 16) insert—
SCHEDULE 20B
Modifications of Chapter 6 of Part 12 in certain transitional cases
Section 267B
Part 1 Introductory
Interpretation
1 (1) The following provisions apply for the purposes of this Schedule.
(2) “The commencement date” means the date on which section 121 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force.
(3) “The 1967 Act” means the Criminal Justice Act 1967.
(4) “The 1991 Act” means the Criminal Justice Act 1991.
(5) A “section 85 extended sentence” means an extended sentence under section 85 of the Sentencing Act and includes (in accordance with paragraph 1(3) of Schedule 11 to that Act) a sentence under section 58 of the Crime and Disorder Act 1998.
(6) In relation to a section 85 extended sentence, “the custodial term” and “the extension period” have the meaning given by that section.
(7) References to section 86 of the Sentencing Act include (in accordance with paragraph 1(3) of Schedule 11 to that Act) section 44 of the 1991 Act as originally enacted.
(8) A “1967 Act sentence” is a sentence imposed before 1 October 1992.
(9) A “1991 Act sentence” is a sentence which is—
(a) imposed on or after 1 October 1992 but before 4 April 2005, or
(b) imposed on or after 4 April 2005 but before the commencement date and is either—
(i) imposed in respect of an offence committed before 4 April 2005, or
(ii) for a term of less than 12 months.
(10) A “2003 Act sentence” is a sentence which is—
(a) imposed on or after the commencement date, or
(b) imposed on or after 4 April 2005 but before the commencement date and is both—
(i) imposed in respect of an offence committed on or after 4 April 2005, and
(ii) for a term of 12 months or more.
(11) 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 is to be taken for the purposes of this Schedule to have been committed on the last of those days.
Explanation of dates
2 The following dates (which are mentioned in this Schedule) are dates on which changes to the law relating to the release and recall of prisoners came into force—
1 October 1992 is the date on which Part 2 of the 1991 Act came into force;
30 September 1998 is the date on which certain provisions of the Crime and Disorder Act 1998 came into force;
4 April 2005 is the date on which this Chapter came into force;
9 June 2008 is the date on which section 26 of the Criminal Justice and Immigration Act 2008 came into force;
14 July 2008 is the date on which certain other provisions of that Act came into force;
2 August 2010 is the date on which section 145 of the Coroners and Justice Act 2009 came into force.
Part 2 Prisoners serving 1991 Act sentences etc
3 (1) This Part applies to certain persons serving a 1991 Act sentence.
(2) This Part also applies to a person serving a 2003 Act sentence which is—
(a) a section 85 extended sentence, or
(b) an extended sentence imposed under section 227 or 228 before 14 July 2008.
(3) But this Part does not apply to a person who—
(a) has been released on licence under Part 2 of the 1991 Act,
(b) has been recalled to prison, and
(c) (whether or not having returned to custody in consequence of that recall) is unlawfully at large on the commencement date.
Duty to release on licence at two-thirds of sentence
4 (1) This paragraph applies to a person in relation to whom—
(a) all the conditions in sub-paragraph (2) are met, and
(b) the condition in any one or more of sub-paragraphs (3) to (5) is met.
(2) The conditions in this sub-paragraph are that—
(a) the person has been convicted of an offence committed before 4 April 2005,
(b) the person is serving a sentence of imprisonment imposed in respect of that offence on or after 1 October 1992 but before the commencement date,
(c) the sentence or (in the case of a section 85 extended sentence) the custodial term is for a term of 4 years or more, and
(d) the person has not previously been released from prison on licence in respect of that sentence.
(3) The condition in this sub-paragraph is that the offence (or one of the offences) in respect of which the sentence was imposed is—
(a) an offence specified in Schedule 15 (specified violent offences and specified sexual offences) as it had effect on 4 April 2005,
(b) an offence under any of sections 11, 12, 15 to 18, 54 and 56 to 63 of the Terrorism Act 2000,
(c) an offence under any of sections 47, 50 and 113 of the Anti-terrorism, Crime and Security Act 2001,
(d) an offence under section 12 of the Sexual Offences Act 1956,
(e) an offence of aiding, abetting counselling, procuring or inciting the commission of an offence listed in any of paragraphs (b) to (d), or
(f) an offence of conspiring or attempting to commit an offence listed in any of paragraphs (b) to (d).
(4) The condition in this sub-paragraph is that the person has served one-half of the sentence or (in the case of a section 85 extended sentence) of the custodial term before 9 June 2008.
(5) The condition in this sub-paragraph is that—
(a) the person is serving the sentence by virtue of having been transferred to the United Kingdom in pursuance of a warrant under section 1 of the Repatriation of Prisoners Act 1984,
(b) the warrant was issued before 9 June 2008, and
(c) the offence (or one of the offences) for which the person is serving the sentence corresponds to murder or to any offence specified in Schedule 15 as it had effect on 4 April 2005.
5 (1) As soon as a person to whom paragraph 4 applies has served two-thirds of the sentence, it is the duty of the Secretary of State to release the person on licence under this paragraph.
(2) If the person is serving a section 85 extended sentence, the reference in sub-paragraph (1) to two-thirds of the sentence is a reference to two-thirds of the custodial term.
(3) Sub-paragraphs (1) and (2) apply in place of section 244 (release on licence of prisoners serving 12 months or more).
Duty to release on direction of Parole Board
6 (1) After a person to whom paragraph 4 applies has served one-half of the sentence, the Secretary of State must, if directed to do so by the Board, release the person on licence under this paragraph.
(2) The Board must not give a direction under sub-paragraph (1) unless the Board is satisfied that it is no longer necessary for the protection of the public that the person should be confined.
(3) If the person is serving a section 85 extended sentence, the reference in sub-paragraph (1) to one-half of the sentence is a reference to one-half of the custodial term.
(4) Sub-paragraphs (1) to (3) apply in place of section 244 (release on licence of prisoners serving 12 months or more).
Release on licence at one-half of sentence: section 85 extended sentence prisoners
7 (1) This paragraph applies to a person if—
(a) the person has been convicted of an offence committed on or after 30 September 1998 but before 4 April 2005,
(b) the person is serving a section 85 extended sentence in respect of that offence,
(c) the person has not previously been released from prison on licence in respect of that sentence, and
(d) paragraph 4 does not apply to the person.
8 (1) As soon as a person to whom paragraph 7 applies has served one-half of the custodial term, it is the duty of the Secretary of State to release the person on licence under this paragraph.
(2) Sub-paragraph (1) applies in place of section 243A or 244, as the case may be (release of prisoners serving less than 12 months, or serving 12 months or more).
Duty to release unconditionally at three-quarters of sentence
9 (1) This paragraph applies to a person if—
(a) the person has been convicted of an offence committed before 30 September 1998,
(b) the person is serving a sentence of imprisonment imposed in respect of that offence on or after 1 October 1992,
(c) the sentence is for a term of 12 months or more,
(d) the person has been released on licence under Part 2 of the 1991 Act, and
(e) the person has been recalled before 14 July 2008 (and has not been recalled after that date).
(2) But this paragraph does not apply if the court by which the person was sentenced ordered that section 86 of the Sentencing Act (extension of periods in custody and on licence in the case of certain sexual offences) should apply.
10 As soon as a person to whom paragraph 9 applies would (but for the earlier release) have served three-quarters of the sentence, it is the duty of the Secretary of State to release the person unconditionally.
Duty to release on licence at three-quarters of sentence
11 (1) This paragraph applies to a person who—
(a) has been convicted of an offence committed on or after 30 September 1998 but before 4 April 2005,
(b) is serving a sentence of imprisonment for a term of 12 months or more imposed in respect of that offence,
(c) has been released on licence under Part 2 of the 1991 Act, and
(d) has been recalled before 14 July 2008 (and has not been recalled after that date).
(2) But this paragraph does not apply if the person has been released and recalled more than once.
(3) Nor does this paragraph apply if the sentence is a section 85 extended sentence (paragraph 13 applying to such a case instead).
12 As soon as a person to whom paragraph 11 applies would (but for the earlier release) have served three-quarters of the sentence, it is the duty of the Secretary of State to release the person on licence.
Release on licence: re-release of section 85 extended sentence prisoners
13 (1) This paragraph applies to a person who—
(a) has been convicted of an offence committed on or after 30 September 1998 but before 4 April 2005,
(b) is serving a section 85 extended sentence imposed in respect of that offence,
(c) has been released on licence under Part 2 of the 1991 Act, and
(d) has been recalled before 14 July 2008 (and has not been recalled after that date).
(2) But this paragraph does not apply if the person has been released and recalled more than once.
14 (1) If a person to whom paragraph 13 applies is serving a sentence with a custodial term of less than 12 months, it is the duty of the Secretary of State to release the person on licence as soon as the person would (but for the earlier release) have served the period found by adding—
(a) one-half of the custodial term, and
(b) the extension period.
(2) If a person to whom paragraph 13 applies is serving a sentence with a custodial term of 12 months or more, it is the duty of the Secretary of State to release the person on licence as soon as the person would (but for the earlier release) have served the period found by adding—
(a) three-quarters of the custodial term, and
(b) the extension period.
Release of section 227 or 228 extended sentence prisoners: Parole Board direction
15 (1) This paragraph applies to a person (“P”) who is serving an extended sentence imposed under section 227 or 228 before 14 July 2008.
(2) Section 247 (release of prisoner on licence) applies to P with the following modifications.
(3) The Secretary of State must not release P under subsection (2) of that section unless the Board has directed P's release under that subsection.
(4) The Board must not give a direction under sub-paragraph (3) unless the Board is satisfied that it is no longer necessary for the protection of the public that the person should be confined.
(5) As soon as P has served the appropriate custodial term, the Secretary of State must release P on licence, unless P has previously been recalled under section 254.
Licence to remain in force to three-quarters of sentence
16 (1) This paragraph applies to a person to whom paragraph 4 applies.
(2) This paragraph also applies to a person if—
(a) the person has been convicted of an offence committed before 4 April 2005,
(b) the person is serving a sentence of imprisonment imposed in respect of that offence on or after 1 October 1992 but before the commencement date,
(c) that sentence is for a term of 12 months or more but less than 4 years, and
(d) the person has not previously been released from prison on licence in respect of that sentence.
(3) This paragraph also applies to a person if—
(a) the person has been convicted of an offence committed before 4 April 2005,
(b) the person is serving a sentence of imprisonment imposed in respect of that offence on or after 1 October 1992,
(c) that sentence is for a term of 12 months or more,
(d) the person has been released on licence under Part 2 of the 1991 Act, and
(e) the person has been recalled before 14 July 2008 (and has not been recalled after that date).
(4) But this paragraph does not apply if the person has been released and recalled more than once.
(5) Nor does this paragraph apply if—
(a) the person is serving a section 85 extended sentence, or
(b) the court by which the person was sentenced ordered that section 86 of the Sentencing Act (extension of periods in custody and on licence in the case of certain sexual offences) should apply.
(6) If a person has been—
(a) released under section 34A of the 1991 Act or section 246 (home detention curfew), and
(b) recalled under section 38A(1)(b) of the 1991 Act or section 255(1)(b) (no longer possible to monitor curfew),
the release and recall are to be disregarded for the purposes of this paragraph.
17 (1) Where a person to whom paragraph 16 applies is released on licence under section 244 or paragraph 5 or 6, the licence shall remain in force until the date on which the person would (but for the release) have served three-quarters of the sentence.
(2) Sub-paragraph (1) is subject to any revocation under section 254.
(3) Sub-paragraphs (1) and (2) apply in place of section 249 (duration of licence).
Period for which licence to remain in force: section 85 extended sentence prisoners
18 This paragraph applies to a person who—
(a) has been convicted of an offence committed on or after 30 September 1998 but before 4 April 2005,
(b) is serving a section 85 extended sentence imposed in respect of that offence, and
(c) has not previously been released from prison on licence in respect of that sentence.
19 (1) Where a person to whom paragraph 18 applies is released on licence and the custodial term is less than 12 months, the licence shall remain in force until the end of the period found by adding—
(a) one-half of the custodial term, and
(b) the extension period.
(2) Where a person to whom paragraph 18 applies is released on licence and the custodial term is 12 months or more, the licence shall remain in force until the end of the period found by adding—
(a) three-quarters of the custodial term, and
(b) the extension period.
(3) Sub-paragraphs (1) and (2) are subject to any revocation under section 254.
(4) Sub-paragraphs (1) to (3) apply in place of section 249 (duration of licence).
Concurrent or consecutive terms
20 Paragraphs 21 and 22 apply where a person (“P”) is serving two or more sentences of imprisonment imposed on or after 1 October 1992 and—
(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 Part 2 of the 1991 Act or under this Chapter at any time during the period beginning with the first and ending with the last of those occasions.
21 (1) This paragraph applies if each of the sentences is a 1991 Act sentence.
(2) Sections 263 and 264 (consecutive and concurrent terms) do not apply in relation to the sentences.
(3) For the purposes of any reference in this Chapter, however expressed, to the term of imprisonment to which P has been sentenced or which, or part of which, P has served, the terms are to be treated as a single term.
(4) If one or more of the sentences is a section 85 extended sentence—
(a) for the purpose of determining the single term mentioned in sub-paragraph (3), the extension period or periods is or are to be disregarded, and
(b) the period for which P is to be on licence in respect of the single term is to be increased in accordance with sub-paragraph (5).
(5) That period is to be increased—
(a) if only one of the sentences is a section 85 extended sentence, by the extension period;
(b) if there is more than one such sentence and they are wholly or partly concurrent, by the longest of the extension periods;
(c) if there is more than one such sentence and they are consecutive, by the aggregate of the extension periods.
22 (1) This paragraph applies where two or more sentences are to be served consecutively on each other and—
(a) one or more of those sentences is a 1991 Act sentence, and
(b) one or more of them is a 2003 Act sentence.
(2) Section 264 does not affect the length of the period which P must serve in prison in respect of the 1991 Act sentence or sentences.
(3) Nothing in this Chapter requires the Secretary of State to release P until P has served a period equal in length to the aggregate of the length of the periods which P must serve in relation to each of the sentences mentioned in sub-paragraph (1).
(4) If P is also serving one or more 1967 Act sentences, paragraphs 32 and 33 apply instead of this paragraph.
Part 3 Prisoners serving 1967 Act sentences
23 (1) This Part applies to certain persons serving a 1967 Act sentence.
(2) But this Part does not apply to a person who—
(a) has been released on licence,
(b) has been recalled to prison, and
(c) (whether or not having returned to custody in consequence of that recall) is unlawfully at large on the commencement date.
(3) In this Part, references to release under Part 2 of the 1991 Act include release under section 60 of the 1967 Act.
Sentence of more than 12 months imposed before 1 October 1992
24 (1) This paragraph applies to a person if—
(a) the person is serving a sentence of imprisonment imposed before 1 October 1992,
(b) the sentence is for a term of more than 12 months, and
(c) the person has not previously been released from prison on licence in respect of that sentence.
(2) This paragraph also applies to a person if—
(a) the person is serving a sentence of imprisonment imposed before 1 October 1992,
(b) the sentence is for a term of more than 12 months,
(c) the person has been released on licence under Part 2 of the 1991 Act, and
(d) the person has been recalled before 14 July 2008 (and has not been recalled after that date).
(3) But this paragraph does not apply if, on the passing of the sentence, an extended sentence certificate was issued (see paragraph 27).
(4) If a person has been—
(a) released under section 34A of the 1991 Act or section 246 (home detention curfew), and
(b) recalled under section 38A(1)(b) of the 1991 Act or section 255(1)(b) (no longer possible to monitor curfew),
the release and recall are to be disregarded for the purposes of this paragraph.
25 (1) It is the duty of the Secretary of State to release a person to whom paragraph 24 applies unconditionally under this paragraph—
(a) in the case of a person falling within paragraph 24(1), as soon as the person has served two-thirds of the sentence;
(b) in the case of a person falling within paragraph 24(2), as soon as the person would (but for the earlier release) have served two-thirds of the sentence.
(2) After a person falling within paragraph 24(1) has served one-third of the sentence or six months, whichever is longer, the Secretary of State must, if directed to do so by the Board, release the person on licence under this paragraph.
(3) The Board must not give a direction under sub-paragraph (2) unless the Board is satisfied that it is no longer necessary for the protection of the public that the person should be confined.
(4) Sub-paragraphs (1) to (3) apply in place of section 244 (release on licence of prisoners serving 12 months or more).
26 (1) Where a person to whom paragraph 24 applies is released on licence under paragraph 25(2), the licence shall remain in force until the date on which the person would (but for the release) have served two-thirds of the sentence.
(2) Sub-paragraph (1) is subject to any revocation under section 254.
(3) Sub-paragraphs (1) and (2) apply in place of section 249 (duration of licence).
Extended sentence of more than 12 months imposed before 1 October 1992
27 (1) This paragraph applies to a person if—
(a) the person is serving a sentence of imprisonment imposed before 1 October 1992,
(b) the sentence is for a term of more than 12 months,
(c) on the passing of the sentence an extended sentence certificate was issued, and
(d) the person has not previously been released from prison on licence in respect of that sentence.
(2) This paragraph also applies to a person if—
(a) the person is serving a sentence of imprisonment imposed before 1 October 1992,
(b) the sentence is for a term of more than 12 months,
(c) on the passing of the sentence an extended sentence certificate was issued,
(d) the person has been released on licence under Part 2 of the 1991 Act, and
(e) the person has been recalled before 14 July 2008 (and has not been recalled after that date).
(3) In this paragraph “extended sentence certificate” means a certificate was issued under section 28 of the Powers of Criminal Courts Act 1973 (punishment of persistent offenders) stating that an extended term of imprisonment was imposed on the person under that section.
28 (1) It is the duty of the Secretary of State to release a person to whom paragraph 27 applies on licence under this paragraph—
(a) in the case of a person falling within paragraph 27(1), as soon as the person has served two-thirds of the sentence;
(b) in the case of a person falling within paragraph 27(2), as soon as the person would (but for the earlier release) have served two-thirds of the sentence.
(2) After a person falling within paragraph 27(1) has served one-third of the sentence or six months, whichever is longer, the Secretary of State must, if directed to do so by the Board, release the person on licence under this paragraph.
(3) The Board must not give a direction under sub-paragraph (2) unless the Board is satisfied that it is no longer necessary for the protection of the public that the person should be confined.
(4) Sub-paragraphs (1) to (3) apply in place of section 244 (release on licence of prisoners serving twelve months or more).
Additional days
29 (1) Prison rules made by virtue of section 257 may include provision for applying any provisions of this Chapter, in relation to any person falling within sub-paragraph (2), as if the person had been awarded such number of additional days as may be determined by or under the rules.
(2) A person falls within this sub-paragraph if—
(a) the person was released on licence under section 60 of the 1967 Act before 1 October 1992 and the licence was in force on that date, or
(b) the person was, on that date, serving a custodial sentence,
and (in either case) the person has forfeited any remission of the sentence.
Concurrent or consecutive terms
30 Paragraphs 31 to 33 apply where a person (“P”) is serving two or more sentences of imprisonment and—
(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 Part 2 of the 1991 Act or under this Chapter at any time during the period beginning with the first and ending with the last of those occasions.
31 (1) This paragraph applies where each of the sentences is a 1967 Act sentence.
(2) Sections 263 and 264 (consecutive and concurrent terms) do not apply in relation to the sentences.
(3) For the purposes of any reference in this Chapter, however expressed, to the term of imprisonment to which P has been sentenced or which, or part of which, P has served, the terms are to be treated as a single term.
32 (1) This paragraph applies where—
(a) one or more of the sentences is a 1967 Act sentence, and
(b) one or more of them is a 1991 Act sentence.
(2) Sections 263 and 264 (consecutive and concurrent terms) do not apply in relation to the sentences mentioned in sub-paragraph (1).
(3) For the purposes of any reference in this Chapter, however expressed, to the term of imprisonment to which P has been sentenced or which, or part of which, P has served—
(a) the terms mentioned in sub-paragraph (1) are to be treated as a single term, and
(b) that single term is to be treated as if it were a 1967 Act sentence.
(4) If one or more of the sentences is a section 85 extended sentence—
(a) for the purpose of determining the single term mentioned in sub-paragraph (3), the extension period or periods is or are to be disregarded, and
(b) the period for which P is to be on licence in respect of the single term is to be increased in accordance with sub-paragraph (5).
(5) That period is to be increased—
(a) if only one of the sentences is a section 85 extended sentence, by the extension period;
(b) if there is more than one such sentence and they are wholly or partly concurrent, by the longest of the extension periods;
(c) if there is more than one such sentence and they are consecutive, by the aggregate of the extension periods.
(6) If P is also serving a 2003 Act sentence, sub-paragraph (3) is to be applied before the period mentioned in section 263(2)(c) (concurrent terms) or paragraph 33(3) (consecutive terms) is calculated.
33 (1) This paragraph applies where two or more sentences are to be served consecutively on each other and—
(a) one or more of those sentences is a 1967 Act sentence, and
(b) one or more of them is a 2003 Act sentence.
(2) Section 264 does not affect the length of the period which P must serve in prison in respect of the 1967 Act sentence or sentences.
(3) Nothing in this Chapter requires the Secretary of State to release P until P has served a period equal in length to the aggregate of the length of the periods which P must serve in relation to each of the sentences mentioned in sub-paragraph (1).
Part 4 Provisions applying generally
Licence conditions
34 (1) This paragraph applies to any licence (a “Parole Board licence”) which falls within sub-paragraph (2) or (3).
(2) A licence falls within this sub-paragraph if—
(a) it is or was granted to a person (“P”) on P's release (at any time) on the recommendation or direction of the Board, and
(b) P has not been released otherwise than on such a recommendation or direction.
(3) A licence falls within this sub-paragraph if—
(a) it is or was granted to a person (“P”) on P's release (at any time), and
(b) condition A or condition B is met.
(4) Condition A is that, before 2 August 2010, the Board exercised the function under section 37(5) of the 1991 Act of making recommendations as to any condition to be included or inserted as a condition in a licence granted to P (including by making a recommendation that no condition should be included in such a licence).
(5) Condition B is that, before 2 August 2010—
(a) P was released on licence under section 33(2), (3) or (3A) or 35(1) of the 1991 Act, and
(b) the Board exercised the function under section 37(5) of that Act of—
(i) making recommendations as to the inclusion or insertion of a condition in a licence granted to P (including by making a recommendation that no condition should be included in such a licence), or
(ii) making recommendations as to the variation or cancellation of any such condition (including a recommendation that the condition should not be varied or cancelled).
(6) The Secretary of State must not—
(a) include on release, or subsequently insert, a condition in a Parole Board licence, or
(b) vary or cancel any such condition,
except in accordance with directions of the Board.
Fine defaulters and contemnors
35 (1) This paragraph applies to any person if—
(a) the person has been committed to prison or to be detained under section 108 of the Sentencing Act—
(i) in default of payment of a sum adjudged to be paid by a conviction, or
(ii) for contempt of court or any kindred offence,
(b) the person was so committed or detained before 4 April 2005, and
(c) the term for which the person was committed or detained is 12 months or more.
(2) As soon as a person to whom this paragraph applies has served two-thirds of the term, it is the duty of the Secretary of State to release the person unconditionally.
(3) Sub-paragraph (2) applies in place of section 258(2) (early release of fine defaulters and contemnors).
Early removal of prisoners liable to removal from UK
36 (1) This paragraph applies to any person who—
(a) has served one-half of a sentence of imprisonment, and
(b) has not been released on licence under this Chapter.
(2) The reference in sub-paragraph (1)(a) to one-half of a sentence is—
(a) in the case of a section 85 extended sentence, a reference to one-half of the custodial term;
(b) in the case of an extended sentence imposed under section 227 or 228, a reference to one-half of the appropriate custodial term.
37 (1) If a person to whom paragraph 36 applies—
(a) is liable to removal from the United Kingdom, and
(b) has not been removed from prison under section 260 during the period mentioned in subsection (1) of that section,
the Secretary of State may remove the person from prison under that section at any time after the end of that period.
(2) Sub-paragraph (1) applies whether or not the Board has directed the person's release under paragraph 6, 15, 25 or 28.
SCHEDULE 20 Release of new extended sentence prisoners: consequential amendments of Chapter 6 of Part 12 of the Criminal Justice Act 2003
Section 125
1 Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release and recall) (as amended by Chapter 4 of Part 3 of this Act) is amended as follows.
2 (1) Section 237 (meaning of “fixed-term prisoner” etc) is amended as follows.
(2) In subsection (1)(b), before “227” insert “ 226A, 226B, ”.
(3) In subsection (3), before “227” insert “ 226A or ”.
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 In section 240ZA (time remanded in custody to count as time served), in subsection (11), before “227” insert “ 226A, 226B, ”.
5 (1) Section 246 (power to release prisoners on licence) is amended as follows.
(2) In subsection (4)(a), after “section” insert “ 226A, ”.
(3) In subsection (6), in the definition of “term of imprisonment”, before “227” insert “ 226A, 226B, ”.
6 (1) Section 250 (licence conditions) is amended as follows.
(2) In subsection (4)—
(a) before the first “227” insert “ 226A or ”, and
(b) before the second “227” insert “ 226A, 226B, ”.
(3) After subsection (5) insert—
(5A) In respect of a prisoner serving an extended sentence imposed under section 226A or 226B whose release is directed by the Board under section 246A(5), a licence under—
(a) section 246A(5) (initial release), or
(b) section 255C (release after recall),
may not include conditions referred to in subsection (4)(b)(ii) unless the Board directs the Secretary of State to include them.
7 In section 255A (further release after recall), in subsection (7)(a) (meaning of “extended sentence prisoner”), after “section” insert “ 226A, 226B, ”.
8 In section 258 (early release of fine defaulters and contemnors), in subsection (3A), before “227” insert “ 226A, 226B, ”.
9 (1) Section 260 (early removal of prisoners liable to removal from UK) is amended as follows.
(2) After subsection (2) insert—
(2A) If a fixed-term prisoner serving an extended sentence imposed under section 226A or 226B—
(a) is liable to removal from the United Kingdom, and
(b) has not been removed from prison under this section during the period mentioned in subsection (1),
the Secretary of State may remove the prisoner from prison under this section at any time after the end of that period.
(2B) Subsection (2A) applies whether or not the Board has directed the prisoner's release under section 246A.
(3) In subsection (5), after “244” (but before “, 247”) insert “ , 246A ”.
(4) In subsection (7), before paragraph (a) insert—
(za) in relation to a prisoner serving an extended sentence imposed under section 226A or 226B, has the meaning given by paragraph (a) or (b) of the definition in section 246A(8);
.
10 (1) Section 261 (re-entry to UK of offender removed early) is amended as follows.
(2) In subsection (5)(b), for “or 244” substitute “ , 244 or 246A ”.
(3) In subsection (6), in the definition of “requisite custodial period”, before paragraph (a) insert—
(za) in relation to a prisoner serving an extended sentence imposed under section 226A or 226B, has the meaning given by paragraph (a) or (b) of the definition in section 246A(8);
.
11 In section 263 (concurrent terms), in subsection (4), before “227” insert “ 226A, 226B, ”.
12 (1) Section 264 (consecutive terms) is amended as follows.
(2) In subsection (6)(a) (definition of “custodial period”), before sub-paragraph (i) insert—
(zi) in relation to an extended sentence imposed under section 226A or 226B, means two-thirds of the appropriate custodial term determined by the court under that section,
.
(3) In subsection (7), before “227” insert “ 226A, 226B, ”.
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SCHEDULE 22 Dangerous offenders subject to service law etc
Section 127
Part 1 Sentences for dangerous offenders subject to service law etc
Armed Forces Act 2006 (c. 52)
1 The Armed Forces Act 2006 is amended as follows.
2 After section 218 and the italic heading “Required or discretionary sentences for particular offences” insert—
Life sentence for second listed offence
218A (1) This section applies where—
(a) a person aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct);
(b) the corresponding offence under the law of England and Wales is an offence listed in Part 1 of Schedule 15B to the 2003 Act;
(c) the offence was committed after this section comes into force; and
(d) the sentence condition and the previous offence condition are met.
(2) Section 224A(2) of the 2003 Act applies in relation to the offender.
(3) In section 224A(2)(a) of that Act as applied by subsection (2)—
(a) the reference to “the offence” is to be read as a reference to the offence under section 42; and
(b) the reference to “the previous offence referred to in subsection (4)” is to be read as a reference to the previous offence referred to in subsection (5) of this section.
(4) The sentence condition is that, but for this section, the Court Martial would, in compliance with sections 260(2) and 261(2), impose a sentence of imprisonment for 10 years or more, disregarding any extension period imposed under section 226A of the 2003 Act as applied by section 219A of this Act.
(5) The previous offence condition is that—
(a) at the time the offence under section 42 was committed, the offender had been convicted of an offence listed in Schedule 15B to the 2003 Act (“the previous offence”); and
(b) a relevant life sentence or a relevant sentence of imprisonment or detention for a determinate period was imposed on the offender for the previous offence.
(6) A sentence is relevant for the purposes of subsection (5)(b) if it would be relevant for the purposes of section 224A(4)(b) of the 2003 Act (see subsections (5) to (10) of that section).
(7) A sentence required to be imposed by section 224A(2) of that Act as a result of this section is not to be regarded as a sentence fixed by law.
3 (1) Section 219 (dangerous offenders aged 18 or over) is amended as follows.
(2) For subsection (2) substitute—
(2) Section 225(2) of the 2003 Act applies in relation to the offender.
(3) In subsection (3), omit “and (3A)”.
4 In the heading of that section for “Dangerous” substitute “ Life sentence for certain dangerous ”.
5 After that section insert—
Extended sentence for certain violent or sexual offenders aged 18 or over
219A (1) This section applies where—
(a) a person aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct) (whether the offence was committed before or after the commencement of this section);
(b) the corresponding offence under the law of England and Wales is a specified offence;
(c) the court is of the required opinion (defined by section 223);
(d) the court is not required to impose a sentence of imprisonment for life by section 224A(2) of the 2003 Act (as applied by section 218A of this Act) or section 225(2) of that Act (as applied by section 219 of this Act); and
(e) condition A or B is met.
(2) Condition A is that, at the time the offence under section 42 was committed, the offender had been convicted of an offence listed in Schedule 15B to the 2003 Act.
(3) Condition B is that, if the court were to impose an extended sentence of imprisonment under section 226A of the 2003 Act as a result of this section, the term that it would specify as the appropriate custodial term would be at least 4 years.
(4) Subsections (4) to (9) of section 226A of the 2003 Act apply in relation to the offender.
(5) In section 226A(4) to (9) of the 2003 Act as applied by this section—
(a) the reference in subsection (6) to section 153(2) of the 2003 Act is to be read as a reference to section 261(2) of this Act;
(b) the reference in subsection (7) to further specified offences includes a reference to further acts or omissions that would be specified offences if committed in England and Wales;
(c) the reference in subsection (8)(a) to a specified violent offence is to be read as a reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is a specified violent offence; and
(d) the reference in subsection (8)(b) to a specified sexual offence is to be read as a reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is a specified sexual offence.
(6) In this section “specified offence”, “specified sexual offence” and “specified violent offence” have the meanings given by section 224 of the 2003 Act.
6 Omit section 220 (certain violent or sexual offenders aged 18 or over).
7 In section 221 (dangerous offenders aged under 18) for subsection (2) substitute—
(2) Section 226(2) of the 2003 Act applies in relation to the offender.
8 In the heading of that section for “Dangerous” substitute “ Life sentence for certain dangerous ”.
9 After that section insert—
Extended sentence for certain violent or sexual offenders aged under 18
221A (1) This section applies where—
(a) a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct) (whether the offence was committed before or after the commencement of this section);
(b) the corresponding offence under the law of England and Wales is a specified offence;
(c) the court is of the required opinion (defined by section 223);
(d) the court is not required by section 226(2) of the 2003 Act (as applied by section 221 of this Act) to impose a sentence of detention for life under section 209 of this Act; and
(e) if the court were to impose an extended sentence of detention under section 226B of the 2003 Act as a result of this section, the term that it would specify as the appropriate custodial term would be at least 4 years.
(2) Subsections (2) to (7) of section 226B of the 2003 Act apply in relation to the offender.
(3) In section 226B(2) to (7) of the 2003 Act as applied by this section—
(a) the reference in subsection (4) to section 153(2) of the 2003 Act is to be read as a reference to section 261(2) of this Act;
(b) the reference in subsection (5) to further specified offences includes a reference to further acts or omissions that would be specified offences if committed in England and Wales;
(c) the reference in subsection (6)(a) to a specified violent offence is to be read as a reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is a specified violent offence; and
(d) the reference in subsection (6)(b) to a specified sexual offence is to be read as a reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is a specified sexual offence.
(4) In this section “specified offence”, “specified sexual offence” and “specified violent offence” have the meanings given by section 224 of the 2003 Act.
10 Omit section 222 (offenders aged under 18: certain violent or sexual offences).
Part 2 Consequential provision
Juries Act 1974 (c. 23)
11 In Part 2 of Schedule 1 to the Juries Act 1974 (persons disqualified from jury service), in paragraph 6(d), after “2003” insert “ (including such a sentence imposed as a result of section 219A, 220, 221A or 222 of the Armed Forces Act 2006) ”.
Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
12 In article 6(1) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (sentences excluded from rehabilitation under the Order), in sub-paragraph (g)(iii), after “section” insert “ 226A, 226B, ”.
Criminal Justice Act 1982 (c. 48)
13 In section 32 of the Criminal Justice Act 1982 (early release of prisoners), in subsection (1A)—
(a) before “227” insert “ 226A or ”, and
(b) after “219” insert “ , 219A ”.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
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15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Justice and Court Services Act 2000 (c. 43)
17 The Criminal Justice and Court Services Act 2000 is amended as follows.
18 In section 62 (release on licence etc: conditions as to monitoring), in subsection (5)(f), after “221” insert “ , 221A ”.
19 In section 64 (release on licence etc: drug testing requirements), in subsection (5)(f), after “221” insert “ , 221A ”.
Sexual Offences Act 2003 (c. 42)
20 In section 131 of the Sexual Offences Act 2003 (young offenders: application), in paragraph (l), before “222” insert “ 221A or ”.
Criminal Justice Act 2003 (c. 44)
21 In section 237 of the Criminal Justice Act 2003 (meaning of fixed term prisoner etc), in subsection (1B), after paragraph (b) insert—
(ba) references to a sentence under section 226A of this Act include a sentence under that section passed as a result of section 219A of the Armed Forces Act 2006;
(bb) references to a sentence under section 226B of this Act include a sentence under that section passed as a result of section 221A of the Armed Forces Act 2006;
.
Armed Forces Act 2006 (c. 52)
22 The Armed Forces Act 2006 is amended as follows.
23 (1) Section 188 (consecutive custodial sentences) is amended as follows.
(2) In subsection (2), in paragraph (c)—
(a) for “228” substitute “ 226B ”, and
(b) for “222” substitute “ 221A ”.
(3) In subsection (4), in paragraph (c)—
(a) before “228” insert “ 226B or ”, and
(b) before “222” insert “ 221A or ”.
24 In section 209 (offenders aged under 18 convicted of certain serious offences: power to detain for specified period), in subsection (7)—
(a) for “section 226(2)” substitute “ sections 224A and 226(2) ”, and
(b) for “section 221(2)” substitute “ sections 218A and 221(2) ”.
25 In section 211 (offenders aged under 18: detention and training orders), in subsection (4)—
(a) after “218,” insert “ 218A, ”, and
(b) for “222” substitute “ 221A ”.
26 In section 221(3) (dangerous offenders aged under 18), after “as applied” insert “ by ”.
27 In section 223 (the “required opinion” for the purposes of sections 219 to 222), in subsection (1)—
(a) for “220(1)” substitute “ 219A(1) ”, and
(b) for “222(1)” substitute “ 221A(1) ”.
28 In the heading of that section for “222” substitute “ 221A ”.
29 For section 224 (place of detention under certain sentences) substitute—
Place of detention under certain sentences
224 Section 235 of the 2003 Act (detention under sections 226, 226B and 228) applies to a person sentenced to be detained under section 226(3), 226B or 228 of that Act as applied by section 221, 221A or 222 of this Act.
30 (1) Section 228 (appeals where previous convictions set aside) is amended as follows.
(2) For subsection (1) substitute—
(1A) Subsection (3) applies in the cases described in subsections (1B) to (2).
(1B) The first case is where—
(a) a sentence has been imposed on any person under section 224A of the 2003 Act (as applied by section 218A of this Act);
(b) a previous conviction of that person has been subsequently set aside on appeal; and
(c) without that conviction, the previous offence condition mentioned in section 218A(1)(d) would not have been met.
(1C) The second case is where—
(a) a sentence has been imposed on any person under section 225(3) of the 2003 Act (as applied by section 219(2) of this Act);
(b) the condition in section 225(3A) of the 2003 Act was met but the condition in section 225(3B) of that Act was not; and
(c) any previous conviction of the person without which the condition in section 225(3A) would not have been met is subsequently set aside on appeal.
(1D) The third case is where—
(a) a sentence has been imposed on any person under section 226A of the 2003 Act (as applied by section 219A of this Act);
(b) the condition in section 219A(2) was met, but the condition in section 219A(3) was not; and
(c) any previous conviction of the person without which the condition in section 219A(2) would not have been met is subsequently set aside on appeal.
(1E) The fourth case is where—
(a) a sentence has been imposed on any person under section 227(2) of the 2003 Act (as applied by section 220(2) of this Act);
(b) the condition in section 227(2A) of the 2003 Act was met but the condition in section 227(2B) of that Act was not; and
(c) any previous conviction of the person without which the condition in section 227(2A) would not have been met is subsequently set aside on appeal.
(3) In subsection (2)—
(a) for “Subsection (3) also applies” substitute “ The fifth case is ”; and
(b) in paragraph (a) after “226” insert “ of this Act ”.
(4) After subsection (3) insert—
(3A) Subsection (3B) applies where—
(a) a sentence has been imposed on a person under section 224A of the 2003 Act (as applied by section 218A of this Act);
(b) a previous sentence imposed on that person has been subsequently modified on appeal; and
(c) taking account of that modification, the previous offence condition mentioned in section 218A(1)(d) would not have been met.
(3B) An application for leave to appeal against the sentence mentioned in subsection (3A)(a) may be lodged at any time within 29 days beginning with the day on which the previous sentence was modified.
(5) In subsection (4), for “Subsection (3) has” substitute “ Subsections (3) and (3B) have ”.
31 In section 237 (duty to have regard to the purposes of sentencing etc), in subsection (3)(b)—
(a) after “sections” insert “ 218A, ”, and
(b) before “225(2)” insert “ 224A, ”.
32 In section 246 (crediting of time in service custody: terms of imprisonment and detention), in subsection (6)(b)—
(a) before “228” insert “ 226B or ”, and
(b) before “222” insert “ 221A or ”.
33 (1) Section 256 (pre-sentence reports) is amended as follows.
(2) In subsection (1)(c)—
(a) for “220(1)” substitute “ 219A(1) ”, and
(b) for “222(1)” substitute “ 221A(1) ”.
(3) After subsection (9) insert—
(10) The reference in subsection (1)(a) to a court forming any such opinion as is mentioned in section 260(2) or 261(2) includes a court forming such an opinion for the purposes of section 218A(4).
34 (1) Section 260 (discretionary custodial sentences: general restrictions) is amended as follows.
(2) In subsection (1)(b)—
(a) before “225(2)” insert “ 224A, ”, and
(b) before “219(2)” insert “ 218A, ”.
(3) After subsection (4) insert—
(4A) The reference in subsection (4) to a court forming any such opinion as is mentioned in subsection (2) or section 261(2) includes a court forming such an opinion for the purposes of section 218A(4).
(4B) The reference in subsection (4) to a court forming any such opinion as is mentioned in section 261(2) also includes a court forming such an opinion for the purposes of section 226A(6) or 226B(4) of the 2003 Act (as applied by section 219A or 221A of this Act).
35 (1) Section 261 (length of discretionary custodial sentences: general provision) is amended as follows.
(2) In subsection (1)—
(a) before “225” insert “ 224A, ”, and
(b) before “219(2)” insert “ 218A, ”.
(3) In subsection (3), for “220, 222” substitute “ 219A, 221A ”.
36 In section 273 (review of unduly lenient sentence by Court Martial Appeal Court), in subsection (6)(b)—
(a) before “225(2)” insert “ 224A, ”, and
(b) before “219(2)” insert “ 218A, ”.
37 In section 374 (definitions applying for purposes of the whole Act), in the definition of “custodial sentence”, after paragraph (e) (but before the “or” at the end of that paragraph) insert—
(ea) a sentence of detention under section 226B of that Act passed as a result of section 221A of this Act;
.
Counter-Terrorism Act 2008 (c. 28)
38 In Schedule 6 to the Counter-Terrorism Act 2008 (notification requirements: application to service offences), in paragraph 5(1)(a), after sub-paragraph (vi) (but before the “or” at the end of that sub-paragraph) insert—
(via) detention under section 226B of that Act (extended sentence of detention for certain dangerous offenders aged under 18);
.
Part 3 Transitory provision
39 (1) In relation to any time before the repeal of section 30 of the Criminal Justice and Court Services Act 2000 (protection of children: supplemental) by Schedule 10 to the Safeguarding Vulnerable Groups Act 2006, that section has effect with the modification in sub-paragraph (2).
(2) In subsection (1), in paragraph (dd) of the definition of “qualifying sentence”, after “2003” insert “ (including such a sentence imposed as a result of section 221, 221A or 222 of the Armed Forces Act 2006) ”.
SCHEDULE 23 Penalty notices for disorderly behaviour
Section 132
Criminal Justice and Police Act 2001 (c. 16)
1 Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (on the spot penalties for disorderly behaviour) is amended as follows.
2 In section 1 (offences leading to penalties on the spot) omit subsections (4) and (5) (provision about orders under subsections (2) and (3) of that section).
3 (1) Section 2 (penalty notices) is amended as follows
(2) In subsection (1) for “10” substitute “ 18 ”.
(3) After subsection (1) insert—
(1A) If the offence mentioned in subsection (1) is a relevant penalty offence, the constable may give the person a penalty notice with an education option.
(4) Omit subsection (2) (requirement that constable giving a penalty notice other than at a police station be in uniform).
(5) Omit subsection (3) (requirement that constable giving a penalty notice at a police station be an authorised constable).
(6) In subsection (4)—
(a) after “Chapter”, in the first place it appears, insert
—
approved educational course” means an educational course run as part of an educational course scheme established by—
(a) in the case of a notice given by a constable of the British Transport Police Force, the Chief Constable of that force, and
(b) in any other case, the chief officer of police for the area in which the notice is given;
“educational course scheme” means a scheme established by a chief officer of police under section 2A;
, and
(b) at the end insert
;
penalty notice with an education option” means a penalty notice that also offers the opportunity to discharge any liability to be convicted of the offence to which the notice relates by—
(a) completing an approved educational course, and
(b) paying the course fee.
(7) After subsection (4) insert—
(4A) In this section, “relevant penalty offence” means a penalty offence in relation to which there is an approved educational course.
(4B) The Secretary of State may by regulations make provision about the revocation of penalty notices.
(8) Omit subsection (5) (definition of “authorised constable”).
(9) Omit subsections (6) to (9) (Secretary of State order making power and associated provision).
4 After section 2 (penalty notices) insert—
Educational course schemes
2A (1) A chief officer of police may establish an educational course scheme under this section in relation to one or more kinds of penalty offence committed in the chief officer's area.
(2) An educational course scheme must include arrangements—
(a) for educational courses relating to the penalty offences to which the scheme relates to be provided to persons who are given penalty notices with an education option, and
(b) for a course fee set by the chief officer of police—
(i) to be paid by a person who attends an educational course, and
(ii) to be refunded in such circumstances (if any) as the chief officer considers appropriate.
(3) The purpose of an educational course mentioned in subsection (2) must be to reduce the likelihood of those who take the course committing the penalty offence, or penalty offences, to which the course relates.
(4) An educational course may be provided by any person who, and have any content that, the chief officer of police considers appropriate given its purpose.
(5) The Secretary of State may by regulations—
(a) provide that the fee mentioned in subsection (2)(b) may not be—
(i) less than an amount specified in the regulations, or
(ii) more than an amount so specified;
(b) make provision for and in connection with the disclosure, for the purpose of running an educational course scheme, of relevant personal information between—
(i) a person who is involved in the provision of an educational course under the scheme,
(ii) the chief officer of police who established the scheme, and
(iii) any other person specified or described in the regulations;
(c) make provision about the use of relevant personal information for that purpose;
(d) place restrictions on the disclosure or use of relevant personal information.
(6) In subsection (5) “relevant personal information” means any information that relates to, and identifies, a person who has been given a penalty notice with an education option.
(7) In this section's application in relation to the Chief Constable of the British Transport Police Force, subsection (1) has effect as if the reference to one or more kinds of penalty offence committed in a chief officer of police's area were a reference to one or more kinds of penalty offence—
(a) committed at, or in relation to, any of the places mentioned in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003 (places where a constable of the British Transport Police Force has the powers of a constable), or
(b) otherwise relating to a railway.
(8) In subsection (7) “railway” means—
(a) a railway within the meaning given by section 67(1) of the Transport and Works Act 1992 (interpretation), or
(b) a tramway within the meaning given by that section.
5 (1) Section 3 (amount of penalty and form of penalty notice) is amended as follows.
(2) Omit subsection (1A) (Secretary of State may specify different penalties for persons of different ages).
(3) After subsection (3) insert—
(3A) The Secretary of State may by regulations require information in addition to that mentioned in subsection (3) to be included in, or to be provided with, a penalty notice with an education option.
(4) Omit subsections (5) and (6) (provision relating to orders under that section).
6 (1) Section 4 (effect of penalty notice) is amended as follows.
(2) In subsection (5) for “If” substitute “ In the case of a penalty notice that is not a penalty notice with an education option, if ”.
(3) After subsection (5) insert—
(6) In the case of a penalty notice with an education option, a sum equal to one and a half times the amount of the penalty may be registered under section 8 for enforcement against A as a fine if subsection (7) or (8) applies.
(7) This subsection applies if, by the end of the suspended enforcement period, A does not—
(a) ask to attend an approved educational course relating to the offence to which the notice relates,
(b) pay the penalty, or
(c) request to be tried.
(8) This subsection applies if—
(a) A has asked, by the end of the suspended enforcement period, to attend an approved educational course of the kind mentioned in subsection (7)(a), and
(b) A does not, in accordance with regulations made under subsection (9)—
(i) pay the course fee,
(ii) start such a course, or
(iii) complete such a course.
(9) The Secretary of State may by regulations make provision—
(a) as to the time by which A is required to do each of the things mentioned in subsection (8)(b)(i) to (iii) (including provision allowing those times to be specified by a chief officer of police for the purposes of an educational course scheme established by that officer);
(b) allowing A to request an extension of the time to do the things mentioned in subsection (8)(b)(i) to (iii) (including provision as to who should determine such a request and on what basis);
(c) as to the procedure to be followed in relation to requests for extensions of time (including provision allowing the procedure to be determined by a chief officer of police for the purposes of an educational course scheme established by that officer);
(d) as to the consequences of a request for an extension of time being granted (including provision specifying circumstances in which a chief officer of police may require a course fee to be paid again in order to avoid a sum being registered for enforcement as a fine under section 8);
(e) as to the consequences of A failing to attend a course that A has arranged to attend (including provision as to who should determine what those consequences are and on what basis);
(f) specifying circumstances in which A is, for the purposes of this Chapter, to be regarded as having completed, or having not completed, an approved educational course (including provision as to who should determine whether those circumstances have arisen and how that should be determined).
(10) Regulations made under subsection (9)(b), (e) or (f) may permit a person to delegate the function of making a determination.
7 (1) Section 5 (general restriction on proceedings) is amended as follows.
(2) In subsection (1) for “until the end of” substitute “ during ”.
(3) After subsection (2) insert—
(2A) Proceedings for an offence to which a penalty notice with an education option relates may not be brought against a person who has, by the end of the suspended enforcement period, asked to attend an approved educational course relating to the offence, unless section 4(8) applies.
(2B) If the person to whom a penalty notice with an education option is given—
(a) completes, in accordance with regulations made under section 4(9), an approved educational course relating to the offence to which the notice relates, and
(b) pays the course fee in accordance with those regulations,
no proceedings may be brought for the offence.
8 In section 6 (Secretary of State's guidance) after paragraph (b) insert—
(ba) about educational course schemes;
.
9 In section 8(4) (registration certificates) after “section 4(5)” insert “ or (6) ”.
10 (1) Section 10 (enforcement of fines) is amended as follows.
(2) In subsection (6) for “If” substitute “ Subject to any regulations made under subsection (7), if ”.
(3) After subsection (6) insert—
(7) The Secretary of State may by regulations make provision as to the directions that the court may, or must, give or the orders it may, or must, make if it sets aside a fine relating to a sum registered under section 8 on the basis that section 4(8) applies.
11 After section 10 insert—
Orders and regulations
Orders and regulations under Chapter 1
10A (1) Any power of the Secretary of State to make an order or regulations under this Chapter is exercisable by statutory instrument.
(2) Any power of the Secretary of State to make an order or regulations under this Chapter includes—
(a) power to make different provision for different cases, circumstances or areas, and
(b) power to make incidental, supplementary, consequential, transitional or transitory provision or savings.
(3) The Secretary of State may not make an order under section 1(2) unless a draft of the statutory instrument containing the order (whether alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.
(4) A statutory instrument that contains an order or regulations made under this Chapter and is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, both Houses of Parliament, is subject to annulment in pursuance of a resolution of either House of Parliament.
12 (1) Section 11 (interpretation of Chapter 1) is amended as follows.
(2) Before the definition of “chief officer of police” insert—
“approved educational course” has the meaning given in section 2(4);
.
(3) After the definition of “defaulter” insert—
“educational course scheme” has the meaning given in section 2(4);
.
(4) After the definition of “penalty notice” insert—
“penalty notice with an education option” has the meaning given in section 2(4);
.
Consequential amendments
13 In section 64A of the Police and Criminal Evidence Act 1984 (photographing of suspects etc) in subsection (1B)(d) omit “in uniform” in the first place those words appear.
14 (1) The Police Reform Act 2002 is amended as follows.
(2) In section 43(7) (railway safety accreditation schemes: Secretary of State power to give an accredited person the powers of a constable in uniform, or an authorised constable, to issue fixed penalty notices) omit “in uniform and of an authorised constable”.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In paragraph 1 of Schedule 5 (accredited persons' powers to issue fixed penalty notices) in sub-paragraph (2)(aa) omit “in uniform”.
(5) In paragraph 1 of Schedule 5A (accredited inspectors' powers to issue fixed penalty notices) in sub-paragraph (2) omit “in uniform”.
15 In consequence of the amendments made by paragraphs 3 and 5 of this Schedule, omit section 87 of the Anti-social Behaviour Act 2003.
Section 135
Rehabilitation of Offenders Act 1974 (c. 53)
1 The Rehabilitation of Offenders Act 1974 is amended as follows.
2 In section 8A(2) (meaning of “caution”)—
(a) omit paragraph (c), and
(b) in paragraph (d)—
(i) omit “, reprimand or warning”, and
(ii) for “paragraphs (a) to (c)” substitute “ paragraph (a) or (b) ”.
3 In Schedule 2 (protection for spent cautions) in paragraph 2(1)(e) (meaning of “ancillary circumstances”: things done in connection with a rehabilitation programme)—
(a) for “warning under section 65” substitute “ youth caution given under section 66ZA ”, and
(b) for “66(2)” substitute “ 66ZB(2) or (3) ”.
Police and Criminal Evidence Act 1984 (c. 60)
4 The Police and Criminal Evidence Act 1984 is amended as follows.
5 In section 34(5)(b) (requirement to release without bail unless proceedings may be taken or person may be reprimanded or warned), for the words from “reprimanded” to “65” substitute “ given a youth caution under section 66ZA ”.
6 In section 37B(9)(b) (consultation with Director of Public Prosecutions: meaning of “caution”), for “warning or reprimand under section 65” substitute “ youth caution under section 66ZA ”.
7 (1) Section 61 (fingerprinting) is amended as follows.
(2) In subsection (6) (power to fingerprint without consent in case of conviction etc for recordable offence)—
(a) at the end of paragraph (a) insert “ or ”,
(b) for “or” at the end of paragraph (b) substitute “ and ”, and
(c) omit paragraph (c) and the “and” at the end of that paragraph.
(3) In subsection (6ZA)(a) (conditions for application of subsection (6)), for “, cautioned or warned or reprimanded” substitute “ or cautioned ”.
8 (1) Section 63 (non-intimate samples) is amended as follows.
(2) In subsection (3B) (power to take non-intimate sample without consent in case of conviction etc for recordable offence)—
(a) at the end of paragraph (a) insert “ or ”,
(b) for “or” at the end of paragraph (b) substitute “ and ”, and
(c) omit paragraph (c) and the “and” at the end of that paragraph.
(3) In subsection (3BA)(a) (conditions for application of subsection (3B)), for “, cautioned or warned or reprimanded” substitute “ or cautioned ”.
9 In section 64ZC(6)(a) (destruction of data relating to a person subject to a control order: persons to be treated as having been convicted of an offence)—
(a) for “or” at the end of sub-paragraph (i) substitute “ and ”, and
(b) omit sub-paragraph (ii) and the “and” at the end of that sub-paragraph.
10 In section 64ZI(3) (persons to be treated as having been convicted of an offence for the purposes of sections 64ZB and 64ZD to 64ZH) omit paragraph (b) and the “or” preceding that paragraph.
11 (1) Schedule 2A (fingerprinting and samples: power to require attendance at police station) is amended as follows.
(2) In paragraph 3 (attendance for fingerprinting: persons convicted etc of an offence in England and Wales)—
(a) in sub-paragraph (2)(a) for “, cautioned or warned or reprimanded” substitute “ or cautioned ”, and
(b) in sub-paragraph (5) for “, caution or warning or reprimand” substitute “ or caution ”.
(3) In paragraph 11 (attendance for taking of non-intimate sample: persons convicted etc of an offence in England and Wales)—
(a) in sub-paragraph (2)(a) for “, cautioned or warned or reprimanded” substitute “ or cautioned ”, and
(b) in sub-paragraph (5)(a) for “, caution or warning or reprimand” substitute “ or caution ”.
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
12 In Article 64ZC(6)(a) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (persons to be treated as having been convicted of an offence for the purposes of paragraph (1))—
(a) for “or” at the end of paragraph (i) substitute “ and ”, and
(b) omit paragraph (ii) and the “and” at the end of that paragraph.
Jobseekers Act 1995 (c. 18)
13 In section 20D(6) of the Jobseekers Act 1995 (meaning of “cautioned” for the purposes of section 20C) omit paragraph (b) and the “or” preceding that paragraph.
Crime and Disorder Act 1998 (c. 37)
14 The Crime and Disorder Act 1998 is amended as follows.
15 In section 38(4) (meaning of “youth justice services”)—
(a) for paragraph (aa) substitute—
(aa) the provision of assistance to persons determining whether youth cautions should be given under section 66ZA below;
, and
(b) in paragraph (b) for “66(2)” substitute “ 66ZB(2) or (3) ”.
16 In section 66H (interpretation)—
(a) in paragraph (a) (definition of “appropriate adult”) for “65(7)” substitute “ 66ZA(7) ”, and
(b) after paragraph (e) insert—
(ea) youth caution” has the meaning given by section 66ZA(1);
.
17 In section 121(6) (provisions extending to Scotland) omit paragraph (c).
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Terrorism Act 2000 (c. 11)
21 Schedule 8 to the Terrorism Act 2000 (detention) is amended as follows.
22 In paragraph 14F(3) (persons to be treated as having been convicted of an offence for the purposes of paragraphs 14B to 14E) omit paragraph (b) and the “or” preceding that paragraph.
23 In paragraph 20F(3) (persons to be treated as having been convicted of an offence for the purposes of paragraphs 20B to 20E) omit “, or has been warned or reprimanded,”.
Criminal Justice and Court Services Act 2000 (c. 43)
24 In section 56 of the Criminal Justice and Court Services Act 2000 (young offenders: reprimands and warnings) omit subsection (1).
Sexual Offences Act 2003 (c. 42)
25 In section 133(1) of the Sexual Offences Act 2003 (interpretation of Part 2), in the definition of “cautioned” omit paragraph (b) and the “or” preceding that paragraph.
Criminal Justice Act 2003 (c. 44)
26 In section 327B(9) of the Criminal Justice Act 2003 (meaning of “cautioned” for the purposes of that section) omit paragraph (b) and the “or” preceding that paragraph.
Childcare Act 2006 (c. 21)
27 In section 75(6) of the Childcare Act 2006 (disqualification from registration: interpretation) omit the definition of “caution”.
Criminal Justice and Immigration Act 2008 (c. 4)
28 The Criminal Justice and Immigration Act 2008 is amended as follows.
29 In section 48(1) (which introduces Schedule 9 to that Act) omit paragraph (b) and the “and” preceding that paragraph.
30 In Schedule 9 (alternatives to prosecution for persons under 18) omit paragraph 2.
Counter-Terrorism Act 2008 (c. 28)
31 In section 18A(4) of the Counter-Terrorism Act 2008 (persons to be treated as having been convicted of an offence for the purposes of section 18(3B) and (3C)), omit paragraph (b) and the “or” preceding that paragraph.
Terrorism Prevention and Investigation Measures Act 2011 (c. 23)
32 In Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 (fingerprints and samples), in paragraph 10(1)(a) (circumstances when an individual is to be treated as having been convicted of an offence)—
(a) at the end of sub-paragraph (ii) insert “ or ”, and
(b) omit sub-paragraph (iv) and the “or” preceding that sub-paragraph.
SCHEDULE 25 Rehabilitation of offenders: consequential provision
Section 141
Part 1 Rehabilitation of offenders: general
Rehabilitation of Offenders Act 1974: England and Wales
1 The Rehabilitation of Offenders Act 1974 is amended as follows.
2 In section 1(4)(a) (references in Act to a conviction) for “Great Britain” substitute “ England and Wales ”.
3 In section 2(5) (rehabilitation of persons dealt with in service disciplinary proceedings) for “Great Britain” substitute “ England and Wales ”.
5 In section 4(1)(a) (effect of rehabilitation) for “Great Britain” substitute “ England and Wales ”.
6 (1) Section 7 (limitations on rehabilitation under the Act) is amended as follows.
(2) In subsection (2)(a) for “Great Britain” substitute “ England and Wales ”.
(3) In subsection (3) for “Great Britain” substitute “ England and Wales ”.
7 Omit section 8(8) (defamation actions: application of section to Scotland).
8 In section 8A(2)(d) (definition of “caution”) after “Wales” insert “ and which is not an alternative to prosecution (within the meaning of section 8AA) ”.
9 (1) Section 9 (unauthorised disclosure of spent convictions) is amended as follows.
(2) In subsection (3) omit “(or, in Scotland, the accused person)”.
(3) In subsection (8) omit “, in England and Wales,”.
10 After section 10(1) (orders) insert—
(1A) Any power of the Secretary of State to make an order under any provision of this Act includes power—
(a) to make different provision for different purposes, and
(b) to make incidental, consequential, supplementary, transitional, transitory or saving provision.
(1B) The power of the Secretary of State to make an order under section 5(6) includes power to make consequential provision which amends or repeals any provision of this Act or any other enactment.
11 Omit Schedule 1 (service disciplinary convictions referred to in section 6(6)(bb) of that Act).
Rehabilitation of Offenders Act 1974: Scotland
12 The Rehabilitation of Offenders Act 1974 is amended as follows.
13 In section 1(4)(a) (references in Act to a conviction) for “Great Britain” substitute “ Scotland ”.
14 In section 2(5) (rehabilitation of persons dealt with in service disciplinary proceedings) for “Great Britain” substitute “ Scotland ”.
15 In section 4(1)(a) (effect of rehabilitation) for “Great Britain” substitute “ Scotland ”.
16 (1) Section 7 (limitations on rehabilitation under the Act) is amended as follows.
(2) In subsection (2)(a) for “Great Britain” substitute “ Scotland ”.
(3) In subsection (3) for “Great Britain” substitute “ Scotland ”.
17 (1) Section 9 (unauthorised disclosure of spent convictions) is amended as follows.
(2) In subsection (3) for “defendant (or, in Scotland, the accused person)” substitute “ accused person ”.
(3) Omit subsection (8).
Part 2 Rehabilitation of offenders: consequential repeals
Short title | Extent of repeal
Armed Forces Act 1976 (c. 52) | In Schedule 9, paragraph 21.
Criminal Law Act 1977 (c. 45) | In section 63(2), the words “Rehabilitation of Offenders Act 1974;”.
In Schedule 12, the entry relating to the Rehabilitation of Offenders Act 1974.
Magistrates' Courts Act 1980 (c. 43) | In Schedule 7, paragraph 134.
Armed Forces Act 1981 (c. 55) | In Schedule 4, paragraph 2(2).
Criminal Justice Act 1982 (c. 48) | In Schedule 14, paragraph 37.
Mental Health (Amendment) Act 1982 (c. 51) | In Schedule 3, paragraph 49.
Mental Health Act 1983 (c. 20) | In Schedule 4, paragraph 39.
Criminal Justice Act 1988 (c. 33) | In Schedule 8, paragraph 9(b).
Children Act 1989 (c. 41) | In Schedule 14, paragraph 36(7).
Criminal Justice Act 1991 (c. 53) | In section 68, paragraph (c) (but not the word “and” at the end of the paragraph).
In Schedule 8, paragraph 5.
In Schedule 12, paragraph 22(2).
Criminal Justice and Public Order Act 1994 (c. 33) | In Schedule 9, paragraph 11.
In Schedule 10, paragraph 30.
Armed Forces Act 1996 (c. 46) | Section 13(3) and (4).
Schedule 4.
Crime and Disorder Act 1998 (c. 37) | In Schedule 8, paragraph 35.
Youth Justice and Criminal Evidence Act 1999 (c. 23) | In Schedule 4, paragraph 6.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) | In Schedule 9, paragraph 48(3) to (10).
In Schedule 11, paragraph 13.
Criminal Justice and Court Services Act 2000 (c. 43) | In Schedule 7, paragraph 49.
Criminal Justice Act 2003 (c. 44) | In Part 1 of Schedule 32, paragraph 18(3).
Armed Forces Act 2006 (c. 52) | In Schedule 16, paragraphs 65(4) to (8) and 66.
Criminal Justice and Immigration Act 2008 (c. 4) | In Part 1 of Schedule 4, paragraph 21.
In Schedule 10, paragraphs 2 and 5.
Policing and Crime Act 2009 (c. 26) | Section 18(2).
SCHEDULE 26 Knives and offensive weapons: minor and consequential amendments
Section 142
Prevention of Crime Act 1953 (c. 14)
1 In section 2(3) of the Prevention of Crime Act 1953 (extent) for “shall not extend to Northern Ireland” substitute “ extends to England and Wales only ”.
Mental Health Act 1983 (c. 20)
2 (1) Section 37(1A) of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship) is amended as follows.
(2) Before paragraph (a) insert—
(za) under section 1A(5) of the Prevention of Crime Act 1953,
.
(3) After paragraph (a) insert—
(aa) under section 139AA(7) of the Criminal Justice Act 1988,
.
Police and Criminal Evidence Act 1984 (c. 60)
3 In section 1(8A) of the Police and Criminal Evidence Act 1984 (power of constable to stop and search persons, vehicles etc) after “139” insert “ or 139AA ”.
Criminal Justice Act 1988 (c. 33)
4 The Criminal Justice Act 1988 is amended as follows.
5 (1) Section 36(2)(b) (reviews of sentencing) is amended as follows.
(2) Before sub-paragraph (i) insert—
(zi) section 1A(5) of the Prevention of Crime Act 1953;
.
(3) After sub-paragraph (i) insert—
(ia) section 139AA(7) of this Act;
.
6 (1) Section 139B (power of entry to search for articles with a blade or point and offensive weapons) is amended as follows.
(2) In subsection (1) after “139A” insert “ or 139AA ”.
(3) In subsection (4)—
(a) after “In the application of this section to Northern Ireland” insert
—
(a)
;
(b) at the end add “, and
(b) the reference in subsection (1) to section 139AA is omitted.
7 In section 172(3) (provisions extending to Northern Ireland) for “sections 139 to 139B” substitute—
section 139;
section 139A;
section 139B;
.
Youth Justice and Criminal Evidence Act 1999 (c. 23)
8 (1) Schedule 1A to the Youth Justice and Criminal Evidence Act 1999 (relevant offences for the purposes of section 17: witnesses eligible for assistance on grounds of fear or distress about testifying) is amended as follows.
(2) After paragraph 9 insert—
9A An offence under section 1A of that Act (threatening with offensive weapon in public).
(3) After paragraph 26 insert—
26A An offence under section 139AA of that Act (threatening with article with blade or point or offensive weapon).
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Justice Act 2003 (c 44)
15 The Criminal Justice Act 2003 is amended as follows.
16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Armed Forces Act 2006 (c. 52)
23 The Armed Forces Act 2006 is amended as follows.
24 After section 227 (firearms offences) insert—
Offences of threatening with a weapon in public or on school premises
227A (1) This section applies if—
(a) a person aged 18 or over is convicted by a court of an offence under section 42 (criminal conduct); and
(b) the corresponding offence under the law of England and Wales is an offence under section 1A of the Prevention of Crime Act 1953 or section 139AA of the Criminal Justice Act 1988 (threatening with article with blade or point or offensive weapon in public or on school premises).
(2) The court must impose a sentence of imprisonment for a term of at least 6 months unless the court is of the opinion that there are particular circumstances which—
(a) relate to the offence or to the offender, and
(b) would make it unjust to do so in all the circumstances.
(3) In relation to times before the coming into force of section 61 of the Criminal Justice and Court Services Act 2000, the reference in subsection (2) to a sentence of imprisonment, in relation to an offender aged under 21 at the time of conviction, is to be read as a reference to a sentence of detention in a young offender institution.
25 In section 237(3) (duty to have regard to purposes of sentencing etc) after paragraph (b) insert
;
(c) an offence the sentence for which falls to be imposed under section 227A(2).
26 In section 239 (reduction in sentences for guilty pleas) at the end insert—
(6) Nothing in section 227A(2) prevents the court, after taking into account any matter mentioned in subsection (2) of this section, from imposing any sentence which is at least 80% of that specified in section 227A(2).
27 In section 260(1)(b) (discretionary custodial sentences: general restrictions) for “227” substitute “ 227A ”.
28 In section 261(3) (length of discretionary custodial sentences: general provision) for “and 227” substitute “ , 227 and 227A ”.
29 In section 273(6)(b) (review of unduly lenient sentence by Court Martial Appeal Court) for “or 227” substitute “ , 227 or 227A ”.
30 (1) Paragraph 12 of Schedule 2 (“Schedule 2 offences”) is amended as follows.
(2) After sub-paragraph (r) insert—
(ra) an offence under section 1A of the Prevention of Crime Act 1953 (threatening with offensive weapon in public);
.
(3) In sub-paragraph (ai)—
(a) after “134” insert “ , 139AA ”;
(b) after “torture,” insert “ threatening with article with blade or point or offensive weapon, ”.
Coroners and Justice Act 2009 (c. 25)
31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 27 Causing serious injury by dangerous driving: minor and consequential amendments
Section 143
Road Traffic Act 1988 (c. 52)
1 In section 13A(1) of the Road Traffic Act 1988 (disapplication of sections 1 to 3 for authorised motoring events) after “sections 1,” insert “ 1A, ”.
Road Traffic Offenders Act 1988 (c. 53)
2 The Road Traffic Offenders Act 1988 is amended as follows.
3 In section 23(1A) (alternative verdicts in Scotland) after paragraph (a) insert—
(aa) an offence under section 1A of that Act (causing serious injury by dangerous driving),
.
4 (1) Section 24 (alternative verdicts: general) is amended as follows.
(2) In subsection (A2) after paragraph (a) insert—
(aa) an offence under section 1A of that Act (causing serious injury by dangerous driving),
.
(3) In the table in subsection (1) in the appropriate place insert—
Section 1A (causing serious injury by dangerous driving) | Section 2 (dangerous driving)
Section 3 (careless, and inconsiderate, driving)
.
5 In section 34(4) (disqualification for certain offences) after paragraph (a)(ii) and the “or” after it insert—
(iia) an offence under section 1A of that Act (causing serious injury by dangerous driving), or
.
6 In section 36(2)(b) (disqualification until test is passed) after “(causing death by dangerous driving)” insert “ , section 1A (causing serious injury by dangerous driving) ”.
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 In section 45A(4) (effect of endorsement of driving records) as substituted by the Road Safety Act 2006—
(a) after “section 1” insert “ , 1A ”;
(b) after “causing death by dangerous driving” insert “ , causing serious injury by dangerous driving ”.
9 In the table in Schedule 1 (application of provisions including sections 11 and 12(1): evidence as to driver and proof of identity) in the appropriate place insert—
RTA section 1A | Causing serious injury by dangerous driving. | Sections 11 and 12(1) of this Act.
Crime (International Co-operation) Act 2003 (c. 32)
10 In paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act 2003 (application of duty to give notice to foreign authorities of driving disqualification of a non-UK resident) after sub-paragraph (a) insert—
(aa) section 1A (causing serious injury by dangerous driving),
.
Armed Forces Act 2006 (c. 52)
11 In paragraph 12(aj) of Schedule 2 to the Armed Forces Act 2006 (“Schedule 2 offences”)—
(a) after “section 1,” insert “ 1A, ”;
(b) after “causing death by dangerous driving,” insert “ causing serious injury by dangerous driving, ”.