Criminal Justice and Immigration Act 2008

Part 1 — Youth rehabilitation orders

Youth rehabilitation orders

Consecutive terms of imprisonment

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Amendment of section 127 of Criminal Justice and Public Order Act 1994

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Transfer of youth rehabilitation orders to Northern Ireland

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Amendments to armed forces legislation

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Responsible officer and offender: duties in relation to the other

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Supplementary

Abolition of certain youth orders and related amendments

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• (1) Chapters 1, 2, 4 and 5 of Part 4 of (and Schedules 3 and 5 to 7 to) the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (curfew orders, exclusion orders, attendance centre orders, supervision orders and action plan orders) cease to have effect.

• (2) Part 1 of Schedule 4 makes amendments consequential on provisions of this Part.

• (3) Part 2 of Schedule 4 makes minor amendments regarding other community orders which are related to the consequential amendments in Part 1 of that Schedule.

Youth rehabilitation orders: interpretation

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Isles of Scilly

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Part 2 — Sentencing

General sentencing provisions

Purposes etc. of sentencing: offenders under 18

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In section 44 of the Children and Young Persons Act 1933 (c. 12) (general considerations) after subsection (1) insert—

(1A) Subsection (1) is to be read with paragraphs (a) and (c) of section 142A(2) of the Criminal Justice Act 2003 (which require a court dealing with an offender aged under 18 also to have regard to the principal aim of the youth justice system and the specified purposes of sentencing). (1B) Accordingly, in determining in the case of an offender whether it should take steps as mentioned in subsection (1), the court shall also have regard to the matters mentioned in those paragraphs.

• (4) In section 42(1) of the Crime and Disorder Act 1998 (c. 37) (interpretation of Part 3 of Act), after the definition of “local authority” insert—

“offending” includes re-offending;

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Effect of restriction on imposing community sentences

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Restriction on power to make a community order

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Pre-sentence reports

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Custodial sentences

Sentences of imprisonment for public protection

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Sentences of detention for public protection

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Extended sentences for certain violent or sexual offences: persons 18 or over

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Extended sentences for certain violent or sexual offences: persons under 18

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The assessment of dangerousness

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Further amendments relating to sentences for public protection

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Indeterminate sentences: determination of tariffs

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Consecutive terms of imprisonment

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Release and recall of prisoners

Credit for period of remand on bail: terms of imprisonment and detention

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• (1) The Criminal Justice Act 2003 (c. 44) is amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In the italic heading before section 240, after “custody” insert “ or on bail subject to certain types of condition ”.

• (4) After section 240 insert—

(240A) (1) This section applies where— (a) a court sentences an offender to imprisonment for a term in respect of an offence committed on or after 4th April 2005, (b) the offender was remanded on bail by a court in course of or in connection with proceedings for the offence, or any related offence, after the coming into force of section 21 of the Criminal Justice and Immigration Act 2008, and (c) the offender's bail was subject to a qualifying curfew condition and an electronic monitoring condition (“the relevant conditions”). (2) Subject to subsection (4), the court must direct that the credit period is to count as time served by the offender as part of the sentence. (3) The “credit period” is the number of days represented by half of the sum of— (a) the day on which the offender's bail was first subject to conditions that, had they applied throughout the day in question, would have been relevant conditions, and (b) the number of other days on which the offender's bail was subject to those conditions (excluding the last day on which it was so subject), rounded up to the nearest whole number. (4) Subsection (2) does not apply if and to the extent that— (a) rules made by the Secretary of State so provide, or (b) it is in the opinion of the court just in all the circumstances not to give a direction under that subsection. (5) Where as a result of paragraph (a) or (b) of subsection (4) the court does not give a direction under subsection (2), it may give a direction in accordance with either of those paragraphs to the effect that a period of days which is less than the credit period is to count as time served by the offender as part of the sentence. (6) Rules made under subsection (4)(a) may, in particular, make provision in relation to— (a) sentences of imprisonment for consecutive terms; (b) sentences of imprisonment for terms which are wholly or partly concurrent; (c) periods during which a person granted bail subject to the relevant conditions is also subject to electronic monitoring required by an order made by a court or the Secretary of State. (7) In considering whether it is of the opinion mentioned in subsection (4)(b) the court must, in particular, take into account whether or not the offender has, at any time whilst on bail subject to the relevant conditions, broken either or both of them. (8) Where the court gives a direction under subsection (2) or (5) it shall state in open court— (a) the number of days on which the offender was subject to the relevant conditions, and (b) the number of days in relation to which the direction is given. (9) Subsection (10) applies where the court— (a) does not give a direction under subsection (2) but gives a direction under subsection (5), or (b) decides not to give a direction under this section. (10) The court shall state in open court— (a) that its decision is in accordance with rules made under paragraph (a) of subsection (4), or (b) that it is of the opinion mentioned in paragraph (b) of that subsection and what the circumstances are. (11) Subsections (7) to (10) of section 240 apply for the purposes of this section as they apply for the purposes of that section but as if— (a) in subsection (7)— (i) the reference to a suspended sentence is to be read as including a reference to a sentence to which an order under section 118(1) of the Sentencing Act relates; (ii) in paragraph (a) after “Schedule 12” there were inserted “ or section 119(1)(a) or (b) of the Sentencing Act ”; and (b) in subsection (8) the reference to subsection (3) of section 240 is to be read as a reference to subsection (2) of this section and, in paragraph (b), after “Chapter” there were inserted “ or Part 2 of the Criminal Justice Act 1991 ”. (12) In this section— - “electronic monitoring condition” means any electronic monitoring requirements imposed under section 3(6ZAA) of the Bail Act 1976 for the purpose of securing the electronic monitoring of a person's compliance with a qualifying curfew condition; - “qualifying curfew condition” means a condition of bail which requires the person granted bail to remain at one or more specified places for a total of not less than 9 hours in any given day; and - “related offence” means an offence, other than the offence for which the sentence is imposed (“offence A”), with which the offender was charged and the charge for which was founded on the same facts or evidence as offence A.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In section 242 (interpretation of sections 240 and 241), in the title and in subsection (1), after “sections 240” insert “ , 240A ”.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Credit for period of remand on bail: other cases

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• (1) The Criminal Justice Act 2003 (c. 44) is amended in accordance with subsections (2) and (3).

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In paragraph 2 of Schedule 2 to the Criminal Appeal Act 1968 (c. 19) (sentence on conviction at retrial), in sub-paragraph (4), for the words from the beginning to “custody:” substitute “ Sections 240 and 240A of the Criminal Justice Act 2003 (crediting of periods of remand in custody or on bail subject to certain types of condition: ”.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) In paragraph 2(1) of Schedule 7 to the International Criminal Court Act 2001 (c. 17) (provisions of law of England and Wales affecting length of sentence which are not applicable to ICC prisoners), for paragraph (d) substitute—

(d) sections 240 and 240A of the Criminal Justice Act 2003 (crediting of periods spent on remand in custody or on bail subject to certain types of condition: terms of imprisonment and detention).

Credit for period of remand on bail: transitional provisions

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Minimum conditions for early release under section 246(1) of Criminal Justice Act 2003

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In section 246(2) of the Criminal Justice Act 2003 (c. 44) (minimum conditions for early release of fixed-term prisoner other than intermittent custody prisoner) for paragraph (b) substitute

and (b) he has served— (i) at least 4 weeks of that period, and (ii) at least one-half of that period.

Release on licence under Criminal Justice Act 2003 of prisoners serving extended sentences

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• (1) Section 247 of the Criminal Justice Act 2003 (release on licence of prisoner serving extended sentence) is amended as follows.

• (2) In subsection (2)—

• (a) the word “and” at the end of paragraph (a) is omitted, and

• (b) paragraph (b) is omitted.

• (3) Subsections (3), (4), (5) and (6) are omitted.

Release of certain long-term prisoners under Criminal Justice Act 1991

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Application of section 35(1) of Criminal Justice Act 1991 to prisoners liable to removal from the UK

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Release of fine defaulters and contemnors under Criminal Justice Act 1991

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Release of prisoners after recall

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• (1) In section 254 of the Criminal Justice Act 2003 (c. 44) (recall of prisoners while on licence)—

• (a) subsections (3) to (5) cease to have effect;

• (b) in subsection (7) for “subsections (2) to (6)” substitute “ this section ”.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further review and release of prisoners after recall

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• (1) Section 256 of the Criminal Justice Act 2003 (c. 44) (further release after recall) is amended as follows.

• (2) In subsection (1) for paragraph (b) substitute—

(b) determine the reference by making no recommendation as to his release.

• (3) In subsection (2) omit “or (b)”.

• (4) Subsections (3) and (5) cease to have effect.

• (5) In consequence of the amendments made by section 29 and this section, the heading to section 256 becomes “ Review by the Board ”.

• (6) After section 256 insert—

(256A) (1) The Secretary of State must, not later than the first anniversary of a determination by the Board under section 256(1) or subsection (4) below, refer the person's case to the Board. (2) The Secretary of State may, at any time before that anniversary, refer the person's case to the Board. (3) The Board may at any time recommend to the Secretary of State that a person's case be referred under subsection (2). (4) On a reference under subsection (1) or (2), the Board must determine the reference by— (a) recommending the person's immediate release on licence under this Chapter, (b) fixing a date for his release on licence, or (c) making no recommendation as to his release. (5) The Secretary of State— (a) where the Board makes a recommendation under subsection (4)(a) for the person's immediate release on licence, must give effect to the recommendation; and (b) where the Board fixes a release date under subsection (4)(b), must release the person on licence on that date.

Recall of life prisoners: abolition of requirement for recommendation by Parole Board

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• (1) Section 32 of the Crime (Sentences) Act 1997 (c. 43) (recall of life prisoners while on licence) is amended as follows.

• (2) For subsections (1) and (2) (power of Secretary of State to revoke licence) substitute—

(1) The Secretary of State may, in the case of any life prisoner who has been released on licence under this Chapter, revoke his licence and recall him to prison.

• (3) In subsection (3) (representations by prisoner) for “subsection (1) or (2) above” substitute “ this section ”.

• (4) In subsection (4) (reference to Parole Board by Secretary of State) for paragraphs (a) and (b) substitute “ the case of a life prisoner recalled under this section ”.

Release of prisoners recalled following release under Criminal Justice Act 1991

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Early removal of prisoners from the United Kingdom

Removal under Criminal Justice Act 1991

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Removal under Criminal Justice Act 2003

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• (1) In Part 12 of the Criminal Justice Act 2003 (c. 44) (sentencing) Chapter 6 (release on licence) is amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Section 260 (early removal of prisoners liable to removal from United Kingdom) is amended as follows.

• (4) In subsection (1) (the power of removal)—

• (a) for “subsections (2) and (3)” substitute “ subsection (2) ”, and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) For subsection (2) (conditions relating to time) substitute—

(2) Subsection (1) does not apply in relation to a prisoner unless he has served at least one-half of the requisite custodial period.

• (6) Subsections (3) and (3A) (cases where subsection (1) does not apply) cease to have effect.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) In subsection (6) (order-making powers)—

• (a) in paragraph (a) omit “or (3)(e)”,

• (b) omit paragraph (b), and

• (c) in paragraph (c) for “subsection (2)(b)(ii)” substitute “ subsection (2) ”.

• (9) For subsection (7) (meaning of “requisite custodial period”) substitute—

(7) In this section “requisite custodial period”— (a) in relation to a prisoner serving an extended sentence imposed under section 227 or 228, means one-half of the appropriate custodial term (determined by the court under that section); (b) in any other case, has the meaning given by paragraph (a), (b) or (d) of section 244(3).

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Referral orders

Referral conditions

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Power to revoke a referral order

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Extension of period for which young offender contract has effect

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Enforcement of sentences

Imposition of unpaid work requirement for breach of community order

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Youth default orders

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