Legal Aid, Sentencing and Punishment of Offenders Act 2012

SCHEDULE 20B (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the Sentencing Act include (in accordance with paragraph 1(3) of Schedule 11 to that Act) section 44 of the 1991 Act as originally enacted.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. (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. (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. (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). (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). (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). (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. (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. (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. (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. (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). (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). (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. (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. (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). (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). (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. (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). (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. (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). (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 18

In the Criminal Justice Act 2003, after Schedule 15A insert—

SCHEDULE 19

Part 1 — Consequential provision

Mental Health Act 1983 (c. 20)

1

In section 37 of the Mental Health Act 1983 (powers of courts to order hospital admission), in subsection (1A), after paragraph (b) insert—

(ba) under section 224A of the Criminal Justice Act 2003,

.

Criminal Justice Act 1988 (c. 33)

2

In section 36 of the Criminal Justice Act 1988 (reviews of sentencing), in subsection (2)(b)(iii), after “section” insert “ 224A, ”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice Act 2003 (c. 44)

8

The Criminal Justice Act 2003 is amended as follows.

9

In section 142 (purposes of sentencing: offenders aged 18 and over), in subsection (2)(c)—

• (a) after “weapon)” insert “ , under section 224A of this Act (life sentence for second listed offence for certain dangerous offenders) ”, and

• (b) for “(dangerous offenders)” substitute “ (imprisonment or detention for life for certain dangerous offenders) ”.

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Coroners and Justice Act 2009 (c. 25)

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 — Transitory provision

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 20

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, ”.

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 21

Part 1 — Consequential provision

Juries Act 1974 (c. 23)

1

In Part 2 of Schedule 1 to the Juries Act 1974 (persons disqualified from jury service) in paragraph 6(d), before “227” insert “ 226A, 226B, ”.

Rehabilitation of Offenders Act 1974 (c. 53)

2

In section 5 of the Rehabilitation of Offenders Act 1974 (sentences excluded from rehabilitation under that Act), in subsection (1)(f), before “227” insert “ 226A, 226B, ”.

Criminal Justice Act 1982 (c. 48)

3

In section 32 of the Criminal Justice Act 1982 (early release of prisoners), in subsection (1)(a), before “227” insert “ 226A or ”.

Road Traffic Offenders Act 1988 (c. 53)

4

• (1) Section 35A of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence imposed as well as driving disqualification) is amended as follows.

• (2) In subsection (4)(e)—

• (a) for “227” substitute “ 226A ”,

• (b) for “half” substitute “ two-thirds of ”, and

• (c) for “227(2C)(a)” substitute “ 226A(5)(a) ”.

• (3) In subsection (4)(f)—

• (a) for “228” substitute “ 226B ”,

• (b) for “half” substitute “ two-thirds of ”, and

• (c) for “228(2B)(a)” substitute “ 226B(3)(a) ”.

• (4) In subsection (8), omit “or 247(2)”.

• (5) In subsection (9), omit paragraph (b).

Crime (Sentences) Act 1997 (c. 43)

5

In Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands), in paragraph 9(2)(a), after “244,” insert “ 246A, ”.

Crime and Disorder Act 1998 (c. 37)

6

In section 51A of the Crime and Disorder Act 1998 (sending cases to the Crown Court: children and young persons), in subsection (3)(d), for “226(3) or 228(2)” substitute “ 226B ”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice and Court Services Act 2000 (c. 43)

16

The Criminal Justice and Court Services Act 2000 is amended as follows.

17

In section 62 (release on licence etc: conditions as to monitoring), in subsection (5)(f), after “226” insert “ , 226B ”.

18

In section 64 (release on licence: drug testing requirements), in subsection (5)(f), after “226” insert “ , 226B ”.

Sexual Offences Act 2003 (c. 42)

19

In section 131 of the Sexual Offences Act 2003 (young offenders: application), in paragraph (l), before “228” insert “ 226B or ”.

Criminal Justice Act 2003 (c. 44)

20

The Criminal Justice Act 2003 is amended as follows.

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

In section 327 (arrangements for assessing etc risks posed by certain offenders: interpretation), in subsection (3)(b)(vi), after “section” insert “ 226B or ”.

30

In section 330 (orders and rules), in subsection (5)(a), omit—

• (a) “227(6),”, and

• (b) “228(7)”.

31

Omit Schedule 15A (offences specified for the purposes of sections 225(3A) and 227(2A)).

Offender Management Act 2007 (c. 21)

32

• (1) Section 28 of the Offender Management Act 2007 (application of polygraph conditions for certain offenders released on licence) is amended as follows.

• (2) In subsection (3)(a), after “section” insert “ 226A or ”.

• (3) In subsection (3)(f), after “226” insert “ , 226B ”.

Counter-Terrorism Act 2008 (c. 28)

33

In section 45(1)(a) of the Counter-Terrorism Act 2008 (sentences or orders triggering notification requirements under Part 4 of that Act), 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),

.

Coroners and Justice Act 2009 (c. 25)

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consequential repeals

35

In consequence of amendments made by section 123, 124 or 125 or this Schedule—

• (a) in the Criminal Justice Act 2003, omit paragraph 4 of Schedule 18, and

• (b) in the Criminal Justice and Immigration Act 2008 omit—

• (i) sections 13, 14, 15, 16 and 18(2);

• (ii) Schedule 5;

• (iii) in Schedule 26, paragraph 76.

Part 2 — Transitory provision

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37

• (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 “226” insert “ , 226B ”.

SCHEDULE 22

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—

(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—

(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—

(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)

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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—

(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

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—

(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—