Legal Aid, Sentencing and Punishment of Offenders Act 2012

• (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

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.

SCHEDULE 13

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

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

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

Part 1 — Transitional provision

1

The Criminal Justice Act 2003 is amended as follows.

2

After section 267 insert—

(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 (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

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—

(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—