Crime (Sentences) Act 1997

Part I

Conditions relating to mandatory and minimum custodial sentences

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Mandatory life sentence for second serious offence

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• (1) This section applies where—

• (a) a person is convicted of a serious offence committed after the commencement of this section; and

• (b) at the time when that offence was committed, he was 18 or over and had been convicted in any part of the United Kingdom of another serious offence.

• (2) The court shall impose a life sentence, that is to say—

• (a) where the person is 21 or over, a sentence of imprisonment for life;

• (b) where he is under 21, a sentence of custody for life under section 8(2) of the Criminal Justice Act 1982 (“the 1982 Act”),

unless the court is of the opinion that there are exceptional circumstances relating to either of the offences or to the offender which justify its not doing so.

• (3) Where the court does not impose a life sentence, it shall state in open court that it is of that opinion and what the exceptional circumstances are.

• (4) An offence the sentence for which is imposed under subsection (2) above shall not be regarded as an offence the sentence for which is fixed by law.

• (5) An offence committed in England and Wales is a serious offence for the purposes of this section if it is any of the following, namely—

• (a) an attempt to commit murder, a conspiracy to commit murder or an incitement to murder;

• (b) an offence under section 4 of the Offences Against the Person Act 1861 (soliciting murder);

• (c) manslaughter;

• (d) an offence under section 18 of the Offences Against the Person Act 1861 (wounding, or causing grievous bodily harm, with intent);

• (e) rape or an attempt to commit rape;

• (f) an offence under section 5 of the Sexual Offences Act 1956 (intercourse with a girl under 13);

• (g) an offence under section 16 (possession of a firearm with intent to injure), section 17 (use of a firearm to resist arrest) or section 18 (carrying a firearm with criminal intent) of the Firearms Act 1968; and

• (h) robbery where, at some time during the commission of the offence, the offender had in his possession a firearm or imitation firearm within the meaning of that Act.

• (6) An offence committed in Scotland is a serious offence for the purposes of this section if the conviction for it was obtained on indictment in the High Court of Justiciary and it is any of the following, namely—

• (a) culpable homicide;

• (b) attempted murder, incitement to commit murder or conspiracy to commit murder;

• (c) rape or attempted rape;

• (d) clandestine injury to women or an attempt to cause such injury;

• (e) sodomy, or an attempt to commit sodomy, where the complainer, that is to say, the person against whom the offence was committed, did not consent;

• (f) assault where the assault—

• (i) is aggravated because it was carried out to the victim’s severe injury or the danger of the victim’s life; or

• (ii) was carried out with an intention to rape or to ravish the victim;

• (g) robbery where, at some time during the commission of the offence, the offender had in his possession a firearm or imitation firearm within the meaning of the Firearms Act 1968;

• (h) an offence under section 16 (possession of a firearm with intent to injure), section 17 (use of a firearm to resist arrest) or section 18 (carrying a firearm with criminal intent) of that Act;

• (i) lewd, libidinous or indecent behaviour or practices; and

• (j) an offence under section 5(1) of the Criminal Law (Consolidation) (Scotland) Act 1995 (unlawful intercourse with a girl under 13).

• (7) An offence committed in Northern Ireland is a serious offence for the purposes of this section if it is any of the following, namely—

• (a) an offence falling within any of paragraphs (a) to (e) of subsection (5) above;

• (b) an offence under section 4 of the Criminal Law Amendment Act 1885 (intercourse with a girl under 14);

• (c) an offence under Article 17 (possession of a firearm with intent to injure), Article 18(1) (use of a firearm to resist arrest) or Article 19 (carrying a firearm with criminal intent) of the Firearms (Northern Ireland) Order 1981; and

• (d) robbery where, at some time during the commission of the offence, the offender had in his possession a firearm or imitation firearm within the meaning of that Order.

Minimum of seven years for third class A drug trafficking offence

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• (1) This section applies where—

• (a) a person is convicted of a class A drug trafficking offence committed after the commencement of this section;

• (b) at the time when that offence was committed, he was 18 or over and had been convicted in any part of the United Kingdom of two other class A drug trafficking offences; and

• (c) one of those other offences was committed after he had been convicted of the other.

• (2) The court shall impose a custodial sentence for a term of at least seven years except where the court is of the opinion that there are particular circumstances which—

• (a) relate to any of the offences or to the offender; and

• (b) would make it unjust to do so in all the circumstances.

• (3) Where the court does not impose such a sentence, it shall state in open court that it is of that opinion and what the particular circumstances are.

• (4) Where—

• (a) a person is charged with a class A drug trafficking offence (which, apart from this subsection, would be triable either way); and

• (b) the circumstances are such that, if he were convicted of the offence, he could be sentenced for it under subsection (2) above,

the offence shall be triable only on indictment.

• (5) In this section “class A drug trafficking offence” means a drug trafficking offence committed in respect of a class A drug; and for this purpose—

• “class A drug” has the same meaning as in the Misuse of Drugs Act 1971;

• “drug trafficking offence” means a drug trafficking offence within the meaning of the Drug Trafficking Act 1994, the Proceeds of Crime (Scotland) Act 1995 or the Proceeds of Crime (Northern Ireland) Order 1996.

• (6) In this section and section 4 below “custodial sentence” means—

• (a) in relation to a person who is 21 or over, a sentence of imprisonment;

• (b) in relation to a person who is under 21, a sentence of detention in a young offender institution.

Minimum of three years for third domestic burglary

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• (1) This section applies where—

• (a) a person is convicted of a domestic burglary committed after the commencement of this section;

• (b) at the time when that burglary was committed, he was 18 or over and had been convicted in England and Wales of two other domestic burglaries; and

• (c) one of those other burglaries was committed after he had been convicted of the other, and both of them were committed after the commencement of this section.

• (2) The court shall impose a custodial sentence for a term of at least three years except where the court is of the opinion that there are particular circumstances which—

• (a) relate to any of the offences or to the offender; and

• (b) would make it unjust to do so in all the circumstances.

• (3) Where the court does not impose such a sentence, it shall state in open court that it is of that opinion and what the particular circumstances are.

• (4) Where—

• (a) a person is charged with a domestic burglary which, apart from this subsection, would be triable either way; and

• (b) the circumstances are such that, if he were convicted of the burglary, he could be sentenced for it under subsection (2) above,

the burglary shall be triable only on indictment.

• (5) In this section “domestic burglary” means a burglary committed in respect of a building or part of a building which is a dwelling.

Appeals where previous convictions set aside

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• (1) This section applies where—

• (a) a sentence has been imposed on any person under subsection (2) of section 2, 3 or 4 above; and

• (b) any previous conviction of his without which that section would not have applied has been subsequently set aside on appeal.

• (2) Notwithstanding anything in section 18 of the Criminal Appeal Act 1968, notice of appeal against the sentence may be given at any time within 28 days from the date on which the previous conviction was set aside.

Certificates of convictions for purposes of Part I

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• (1) Where—

• (a) on any date after the commencement of this section a person is convicted in England and Wales of a serious offence, a class A drug trafficking offence or a domestic burglary; and

• (b) the court by or before which he is so convicted states in open court that he has been convicted of such an offence on that date; and

• (c) that court subsequently certifies that fact,

the certificate shall be evidence, for the purposes of the relevant section, that he was convicted of such an offence on that date.

• (2) Where—

• (a) after the commencement of this section a person is convicted in England and Wales of a class A drug trafficking offence or a domestic burglary; and

• (b) the court by or before which he is so convicted states in open court that the offence was committed on a particular day or over, or at some time during, a particular period; and

• (c) that court subsequently certifies that fact,

the certificate shall be evidence, for the purposes of the relevant section, that the offence was committed on that day or over, or at some time during, that period.

• (3) In this section—

• “serious offence”, “class A drug trafficking offence” and “domestic burglary” have the same meanings as in sections 2, 3 and 4 respectively; and

• “the relevant section”, in relation to any such offence, shall be construed accordingly.

Offences under service law

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• (1) Where—

• (a) a person has at any time been convicted of an offence under section 70 of the Army Act 1955 or the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957; and

• (b) the corresponding civil offence (within the meaning of that Act) was a serious offence, a class A drug trafficking offence or a domestic burglary,

the relevant section shall have effect as if he had at that time been convicted in England and Wales of the corresponding civil offence.

• (2) Subsection (3) of section 6 above applies for the purposes of this section as it applies for the purposes of that section.

Part II — Effect of custodial sentences

Chapter I — Determinate sentences

General

Time to be served

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Crediting of periods of remand in custody

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Early release

Early release on compassionate grounds

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Award of early release days for good behaviour

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Early release on Parole Board recommendation

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Provisional early release days for remand prisoners

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Additional days

Award of additional days for disciplinary offences

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Provisional additional days for remand prisoners

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Supervision after release

Release supervision orders

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Breach of conditions of release supervision order

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Powers of arrest and search warrants

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Special cases

Young offenders

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Sexual offenders

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Violent offenders

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Mentally disordered offenders

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Fine defaulters and contemnors

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Persons liable to removal from the United Kingdom

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Persons extradited to the United Kingdom

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Supplemental

Continuity of sentencing

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Interpretation of Chapter I

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Chapter II — Life sentences

Release on licence

Duty to release certain life prisoners

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• (1A) This section applies to a life prisoner in respect of whom a minimum term order has been made; and any reference in this section to the relevant part of such a prisoner’s sentence is a reference to—

• (a) the part of the sentence specified in the minimum term order, or

• (b) in a case where one or more reduction orders has been made in relation to the prisoner (see section 27B), the part of the sentence specified in the most recent of those orders.

• (1B) But if a life prisoner is serving two or more life sentences—

• (a) this section does not apply to him unless a minimum term order has been made in respect of each of those sentences; and

• (b) the provisions of subsections (5) to (8) below do not apply in relation to him until he has served the relevant part of each of them.

• (5) As soon as—

• (a) a life prisoner to whom this section applies has served the relevant part of his sentence; and

• (b) the Parole Board has directed his release under this section,

it shall be the duty of the Secretary of State to release him on licence.

• (6) The Parole Board shall not give a direction under subsection (5) above with respect to a life prisoner to whom this section applies unless—

• (a) the Secretary of State has referred the prisoner’s case to the Board; and

• (b) the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.

• (6A) Sections 28A and 28B contain provision that relates to the Parole Board's function of giving directions under subsection (5) for the release of life prisoners.

• (7) A life prisoner to whom this section applies may require the Secretary of State to refer his case to the Parole Board at any time—

• (a) after he has served the relevant part of his sentence; and

• (b) where there has been a previous reference of his case to the Board, after the end of the period of two years beginning with the disposal of that reference; ...

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and in this subsection “previous reference” means a reference under subsection (6) above or section 32(4) below.

• (8) In determining for the purpose of subsection (5) or (7) above whether a life prisoner to whom this section applies has served the relevant part of his sentence, no account shall be taken of any time during which he was unlawfully at large within the meaning of section 49 of the Prison Act 1952.

• (8A) In this section “minimum term order” means an order under—

• (a) subsection (2) of section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 (determination of minimum term in respect of life sentence that is not fixed by law), or

• (b) subsection (2) of section 269 of the Criminal Justice Act 2003 (determination of minimum term in respect of mandatory life sentence) , or

• (c) subsection (2) of section 321 of the Sentencing Code (life sentence: minimum term order etc).

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to release other life prisoners

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Power to release life prisoners on compassionate grounds

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• (1) The Secretary of State may at any time release a life prisoner on licence if he is satisfied that exceptional circumstances exist which justify the prisoner’s release on compassionate grounds.

• (2) Before releasing a life prisoner under subsection (1) above, the Secretary of State shall consult the Parole Board, unless the circumstances are such as to render such consultation impracticable.

Licences and recall

Duration and conditions of licences

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• (1) Where a life prisoner , other than a prisoner to whom section 31A below applies, is released on licence, the licence shall, unless previously revoked under section 32 ... below, remain in force until his death.

• (1A) Where a prisoner to whom section 31A below applies is released on licence, the licence shall remain in force until his death unless—

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

• (b) it ceases to have effect in accordance with an order made by the Secretary of State under section 31A below; or

• (2) A life prisoner subject to a licence shall comply with such conditions ... as may for the time being be specified in the licence; and the Secretary of State may make rules for regulating the supervision of any description of such persons.

• (2A) The conditions so specified shall include on the prisoner’s release conditions as to his supervision by—

• (a) an officer of a local probation board appointed for or assigned to the local justice area within which the prisoner resides for the time being or (as the case may be) an officer of a provider of probation services acting in the local justice area within which the prisoner resides for the time being;

• (b) where the prisoner is under the age of 22, a social worker of the ... local authority within whose area the prisoner resides for the time being; or

• (c) where the prisoner is under the age of 18, a member of a youth offending team established by that local authority under section 39 of the Crime and Disorder Act 1998.

• (3) The Secretary of State must not include a condition in a life prisoner's licence on release, insert a condition in such a licence or vary or cancel a condition of such a licence except—

• (a) in accordance with recommendations of the Parole Board,

• (aa) in accordance with subsection (3A),

• (ab) in accordance with subsection (3B), or

• (b) where required to do so by an order under section 62A of the Criminal Justice and Court Services Act 2000 (compulsory electronic monitoring conditions).

• (3A) The Secretary of State may include a condition in a life prisoner's licence on release under section 32ZZA.