Criminal Justice and Courts Act 2015

PART 1 — Criminal Justice

Dangerous offenders

Alternatives to prosecution: rehabilitation of offenders in Scotland

1

• (1) In section 4 of the Explosive Substances Act 1883 (making or possession of explosive under suspicious circumstances)—

• (a) in subsection (1), for the words from “guilty” to the end substitute “ guilty of an offence ”, and

• (b) after that subsection insert—

(1A) A person who is guilty of an offence under subsection (1) is liable, on conviction on indictment, to imprisonment for life. (1B) Where a person is convicted of an offence under subsection (1) the explosive substance is to be forfeited.

• (2) In section 54(6)(a) of the Terrorism Act 2000 (penalty on conviction on indictment of offence involving weapons training for terrorism), for “imprisonment for a term not exceeding ten years” substitute “ imprisonment for life ”.

• (3) In section 6(5)(a) of the Terrorism Act 2006 (penalty on conviction on indictment of offence involving training for terrorism), for “imprisonment for a term not exceeding 10 years” substitute “ imprisonment for life ”.

• (4) The amendments made by this section apply only in relation to an offence committed on or after the day on which they come into force.

• (5) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (4) to have been committed on the last of those days.

Specified offences

2

• (1) Schedule 15 to the Criminal Justice Act 2003 (specified offences for purposes of Chapter 5 of Part 12 of that Act) is amended as follows.

• (2) After paragraph 22 (offence under section 3 of the Explosive Substances Act 1883) insert—

(22A) An offence under section 4 of that Act (making or possession of explosive under suspicious circumstances).

• (3) For paragraph 64 (accessories and inchoate offences: violent offences) substitute—

(64) (1) Aiding, abetting, counselling or procuring the commission of an offence specified in the preceding paragraphs of this Part of this Schedule. (2) An attempt to commit such an offence. (3) Conspiracy to commit such an offence. (4) Incitement to commit such an offence. (5) An offence under Part 2 of the Serious Crime Act 2007 in relation to which an offence specified in the preceding paragraphs of this Part of this Schedule is the offence (or one of the offences) which the person intended or believed would be committed.

• (4) For paragraph 65 (attempt or conspiracy to commit murder) substitute—

(65) (1) An attempt to commit murder. (2) Conspiracy to commit murder. (3) Incitement to commit murder. (4) An offence under Part 2 of the Serious Crime Act 2007 in relation to which murder is the offence (or one of the offences) which the person intended or believed would be committed.

• (5) Omit paragraph 92 (offence of keeping a brothel under section 33 of the Sexual Offences Act 1956).

• (6) After that paragraph insert—

(92A) An offence under section 33A of that Act (keeping a brothel used for prostitution).

• (7) For paragraph 153 (accessories and inchoate offences: sexual offences) substitute—

(153) (1) Aiding, abetting, counselling or procuring the commission of an offence specified in this Part of this Schedule. (2) An attempt to commit such an offence. (3) Conspiracy to commit such an offence. (4) Incitement to commit such an offence. (5) An offence under Part 2 of the Serious Crime Act 2007 in relation to which an offence specified in this Part of this Schedule is the offence (or one of the offences) which the person intended or believed would be committed.

• (8) The amendments made by this section apply in relation to a person sentenced for an offence on or after the day on which they come into force, whenever the offence was committed.

• (9) But subsection (8) does not apply for the purposes of the provisions referred to in subsection (10).

• (10) For the purposes of sections 225(1)(a) and 226(1)(a) of the Criminal Justice Act 2003 and sections 219(1)(b) and 221(1)(b) of the Armed Forces Act 2006, the amendments made by subsections (2) and (4) apply only in relation to a person sentenced for an offence that was committed on or after the day on which they come into force.

• (11) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (10) to have been committed on the last of those days.

Schedule 15B offences

3

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

Parole Board release when serving extended sentences

4

• (1) Section 246A of the Criminal Justice Act 2003 (release on licence of prisoners serving extended sentences under section 226A or 226B) is amended as follows.

• (2) In subsection (2) (automatic release at the end of requisite custodial period), for the words from “unless” to the end substitute

if— (a) the sentence was imposed before the coming into force of section 4 of the Criminal Justice and Courts Act 2015, (b) the appropriate custodial term is less than 10 years, and (c) the sentence was not imposed in respect of an offence listed in Parts 1 to 3 of Schedule 15B or in respect of offences that include one or more offences listed in those Parts of that Schedule.

• (3) In subsection (3) (release following Parole Board direction), for “If either or both of those conditions are met” substitute “ In any other case ”.

Minor amendments

5

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

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

• (3) In section 218A of the Armed Forces Act 2006 (life sentence for second listed offence), at the end insert—

(8) 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 must be taken for the purposes of subsections (1)(c) and (5)(a) to have been committed on the last of those days.

Other offenders of particular concern

Sentence and Parole Board release for offenders of particular concern

6

• (1) Part 1 of Schedule 1 contains—

• (a) provision about the sentence to be imposed on certain offenders of particular concern, and

• (b) provision for such offenders to be released on licence following a Parole Board direction.

• (2) That Schedule also contains—

• (a) equivalent provision in respect of offenders convicted of service offences (see Part 2),

• (b) transitional and transitory provision (see Part 3), and

• (c) consequential provision (see Part 4).

Release and recall of prisoners

Electronic monitoring following release on licence etc

7

• (1) Part 3 of the Criminal Justice and Court Services Act 2000 (dealing with offenders) is amended as follows.

• (2) In section 62 (release on licence etc: conditions as to monitoring)—

• (a) for subsection (2) substitute—

(2) The conditions may include electronic monitoring conditions. (2A) An electronic monitoring condition imposed under this section must include provision for making a person responsible for the monitoring. (2B) A person may not be made responsible for the monitoring unless the person is of a description specified in an order made by the Secretary of State.

, and

• (b) after subsection (5) insert—

(5A) In this section “electronic monitoring condition” means a condition requiring the person to submit to either or both of the following— (a) electronic monitoring of the person's compliance with another condition of release, and (b) electronic monitoring of the person's whereabouts (other than for the purpose of monitoring compliance with another condition of release).

• (3) After section 62 insert—

(62A) (1) The Secretary of State may by order provide that the power under section 62 to impose an electronic monitoring condition must be exercised. (2) An order under this section may— (a) require an electronic monitoring condition to be included for so long as the person's release is required to be, or may be, subject to conditions or for a shorter period; (b) make provision generally or in relation to a case described in the order. (3) An order under this section may, in particular— (a) make provision in relation to cases in which compliance with a condition imposed on a person's release is monitored by a person specified or described in the order; (b) make provision in relation to persons selected on the basis of criteria specified in the order or on a sampling basis; (c) make provision by reference to whether a person specified in the order is satisfied of a matter. (4) An order under this section may not make provision about a case in which the sentence imposed on the person is— (a) a detention and training order, (b) a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention of offenders under 18 convicted of certain offences), (c) a sentence of detention under section 209 of the Armed Forces Act 2006 (detention of offenders under 18 convicted of certain offences), or (d) an order under section 211 of that Act. (5) In this section, “electronic monitoring condition” has the same meaning as in section 62. (62B) (1) The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of monitoring persons under electronic monitoring conditions imposed under section 62. (2) A failure to observe a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.

• (4) Schedule 2 to this Act contains consequential provision.

• (5) The amendments made by this section and Schedule 2 apply in relation to a person who is released from prison on or after the day on which they come into force.

Recall adjudicators

8

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

Test for release after recall: determinate sentences

9

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

Power to change test for release after recall: determinate sentences

10

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

Initial release and release after recall: life sentences

11

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

• (2) In section 32 of the Crime (Sentences) Act 1997 (recall of life prisoners while on licence), after subsection (5) insert—

(5A) The Board must not give a direction unless satisfied that it is no longer necessary for the protection of the public that the life prisoner should remain in prison.

• (3) In section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (power to change test for release on licence of certain prisoners), in subsection (3), after paragraph (a) insert—

(aa) amend section 32 of the Crime (Sentences) Act 1997 (recall of IPP prisoners and others while on licence and further release),

.

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

• (5) The amendment made by subsection (2) applies in relation to a person recalled before the day on which it comes into force as well as in relation to a person recalled on or after that day.

Offence of remaining unlawfully at large after recall

12

• (1) After section 32 of the Crime (Sentences) Act 1997 (recall of life prisoners) insert—

(32ZA) (1) A person recalled to prison under section 32 commits an offence if the person— (a) has been notified of the recall orally or in writing, and (b) while unlawfully at large fails, without reasonable excuse, to take all necessary steps to return to prison as soon as possible. (2) A person is to be treated for the purposes of subsection (1)(a) as having been notified of the recall if— (a) written notice of the recall has been delivered to an appropriate address, and (b) a period specified in the notice has elapsed. (3) In subsection (2) “an appropriate address” means— (a) an address at which, under the person's licence, the person is permitted to reside or stay, or (b) an address nominated, in accordance with the person's licence, for the purposes of this section. (4) A person is also to be treated for the purposes of subsection (1)(a) as having been notified of the recall if— (a) the person's licence requires the person to keep in touch in accordance with any instructions given by an officer of a provider of probation services, (b) the person has failed to comply with such an instruction, and (c) the person has not complied with such an instruction for at least 6 months. (5) A person who is guilty of an offence under this section is liable— (a) on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine (or both); (b) on summary conviction to imprisonment for a term not exceeding 12 months or a fine (or both). (6) In relation to an offence committed before section 154(1) of the Criminal Justice Act 2003 comes into force, the reference in subsection (5)(b) to 12 months is to be read as a reference to 6 months. (7) In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (5)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.

• (2) After section 255 of the Criminal Justice Act 2003 (recall of prisoners) insert—

(255ZA) (1) A person recalled to prison under section 254 or 255 commits an offence if the person— (a) has been notified of the recall orally or in writing, and (b) while unlawfully at large fails, without reasonable excuse, to take all necessary steps to return to prison as soon as possible. (2) A person is to be treated for the purposes of subsection (1)(a) as having been notified of the recall if— (a) written notice of the recall has been delivered to an appropriate address, and (b) a period specified in the notice has elapsed. (3) In subsection (2) “an appropriate address” means— (a) an address at which, under the person's licence, the person is permitted to reside or stay, or (b) an address nominated, in accordance with the person's licence, for the purposes of this section. (4) A person is also to be treated for the purposes of subsection (1)(a) as having been notified of the recall if— (a) the person's licence requires the person to keep in touch in accordance with any instructions given by an officer of a provider of probation services, (b) the person has failed to comply with such an instruction, and (c) the person has not complied with such an instruction for at least 6 months. (5) A person who is guilty of an offence under this section is liable— (a) on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine (or both); (b) on summary conviction to imprisonment for a term not exceeding 12 months or a fine (or both). (6) In relation to an offence committed before section 154(1) comes into force, the reference in subsection (5)(b) to 12 months is to be read as a reference to 6 months. (7) In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (5)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.

• (3) Section 32ZA of the Crime (Sentences) Act 1997 and section 255ZA of the Criminal Justice Act 2003 apply in relation to a person recalled to prison before or after this section comes into force.

Offence of remaining unlawfully at large after temporary release

13

• (1) Section 1 of the Prisoners (Return to Custody) Act 1995 (remaining at large after temporary release) is amended as follows.

• (2) For subsection (3) substitute—

(3) A person guilty of an offence under this section is liable— (a) on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine (or both), and (b) on summary conviction to imprisonment for a term not exceeding 12 months or a fine (or both).

• (3) At the end insert—

(7) In relation to an offence committed before section 154(1) of the Criminal Justice Act 2003 comes into force, the reference in subsection (3)(b) to 12 months is to be read as a reference to 6 months. (8) In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (3)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.

• (4) The amendment made by subsection (2) does not apply where the period of temporary release expired, or the order of recall was made, before this section comes into force.

Definition of “requisite custodial period”

14

• (1) Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release etc of fixed-term prisoners) is amended as follows.

• (2) In section 268 (interpretation of Chapter), after subsection (1) insert—

(1A) In this Chapter, “the requisite custodial period” means— (a) in relation to a person serving an extended sentence imposed under section 226A or 226B, the requisite custodial period for the purposes of section 246A; (b) in relation to a person serving an extended sentence imposed under section 227 or 228, the requisite custodial period for the purposes of section 247; (c) in relation to a person serving a sentence imposed under section 236A, the requisite custodial period for the purposes of section 244A; (d) in relation to any other fixed-term prisoner, the requisite custodial period for the purposes of section 243A or section 244 (as appropriate).

• (3) In section 247 (release on licence of prisoner serving extended sentence under section 227 or 228)—

• (a) in subsection (2)(a), for “one-half of the appropriate custodial term” substitute “ the requisite custodial period ”, and

• (b) for subsection (7) substitute—