SCHEDULES

SCHEDULE 1Sentence and Parole Board release for offenders of particular concern

Section 6

PART 1Sentence and release

Introduction

I11

The Criminal Justice Act 2003 is amended as follows.

Sentence

F42

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F43

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Offences of particular concern

F44

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Release on licence to be directed by Parole Board

I25

In section 244(1) (duty to release prisoners), after “243A” insert “ , 244A ”.

I36

After section 244 insert—

244ARelease on licence of prisoners serving sentence under section 236A

1

This section applies to a prisoner (“P”) who is serving a sentence imposed under section 236A.

2

The Secretary of State must refer P's case to the Board—

a

as soon as P has served the requisite custodial period, and

b

where there has been a previous reference of P's case to the Board under this subsection and the Board did not direct P's release, not later than the second anniversary of the disposal of that reference.

3

It is the duty of the Secretary of State to release P on licence under this section as soon as—

a

P has served the requisite custodial period, and

b

the Board has directed P's release under this section.

4

The Board must not give a direction under subsection (3) unless—

a

the Secretary of State has referred P's case to the Board, and

b

the Board is satisfied that it is not necessary for the protection of the public that P should be confined.

5

It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the appropriate custodial term, unless P has previously been released on licence under this section and recalled under section 254 (provision for the release of such persons being made by sections 255A to 255C).

6

For the purposes of this section—

  • “the appropriate custodial term” means the term determined as such by the court under section 236A;

  • “the requisite custodial period” means—

    1. a

      in relation to a person serving one sentence, one-half of the appropriate custodial term, and

    2. b

      in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2).

I47

1

Section 246 (power to release prisoners on licence before required to do so) is amended as follows.

2

In subsection (4)(a) (disapplication of power), for “or 228” substitute “ , 228 or 236A ”.

3

In subsection (6), in the definition of “term of imprisonment” for “or 228” substitute “ , 228 or 236A ”.

PART 2Offenders convicted of service offences

Armed Forces Act 2006 (c. 52)

I58

In the Armed Forces Act 2006, after section 224 insert—

224ASpecial custodial sentence for certain offenders of particular concern

1

This section applies where—

a

a person is convicted by the Court Martial of an offence under section 42 (criminal conduct) (whether the offence was committed before or after this section comes into force),

b

the corresponding offence under the law of England and Wales is an offence listed in Schedule 18A to the 2003 Act,

c

the person was aged 18 or over when the offence was committed, and

d

the court does not impose one of the following for the offence—

i

a sentence of imprisonment for life, or

ii

an extended sentence of imprisonment under section 226A of the 2003 Act (as applied by section 219A of this Act).

2

If the court imposes a sentence of imprisonment for the offence, section 236A(2) to (4) of the 2003 Act apply in relation to the term of the sentence.

3

The references in subsections (1)(d) and (2) to a sentence imposed for the offence include a sentence imposed for the offence and one or more offences associated with it.

4

In Schedule 18A to the 2003 Act, as applied by this section, the reference in paragraph 24 to section 30 of the Counter-Terrorism Act 2008 is to be read as a reference to section 32 of that Act.

PART 3Transitional and transitory provision

Application of new provisions about special custodial sentences

I69

1

Section 236A of the Criminal Justice Act 2003, inserted by paragraph 2 of this Schedule, applies in relation to the sentencing of a person for an offence after that paragraph comes into force, whether the person was convicted of the offence before or after it comes into force.

2

Section 224A of the Armed Forces Act 2006, inserted by paragraph 8 of this Schedule, applies in relation to the sentencing of a person for an offence after that paragraph comes into force, whether the person was convicted of the offence before or after it comes into force.

Detention in a young offender institution

F110

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PART 4Consequential provision

Road Traffic Offenders Act 1988 (c. 53)

I711

1

Section 35A(4) of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence also imposed) is amended as follows.

2

In paragraph (e), for “that Act” (in the first place) substitute “ the Criminal Justice Act 2003 ”.

3

After paragraph (f) insert—

fa

in the case of a sentence under section 236A of that Act (special custodial sentence for certain offenders of particular concern), a period equal to half of the term imposed pursuant to section 236A(2)(a) of that Act;

Crime (Sentences) Act 1997 (c. 43)

I812

1

Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands) is amended as follows.

2

In paragraph 8(2)(a) (restricted transfers from England and Wales to Scotland), after “244” insert “ , 244A ”.

3

In paragraph 9(2)(a) (restricted transfers from England and Wales to Northern Ireland), after “244” insert “ , 244A ”.

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

F213

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Criminal Justice Act 2003 (c. 44)

I914

The Criminal Justice Act 2003 is amended as follows.

I1015

1

Section 237 (meaning of “fixed-term prisoner”) is amended as follows.

2

In subsection (1)(b), for “ or 228” substitute “ , 228 or 236A ”.

3

In subsection (1B)—

a

omit “and” at the end of paragraph (c), and

b

at the end insert

, and

e

references to a sentence under section 236A of this Act include a sentence under that section passed as a result of section 224A of that Act.

4

In subsection (3), for “or 227” substitute “ , 227 or 236A ”.

I1116

In section 240ZA(11) (time remanded in custody to count as time served), for “or 228” substitute “ , 228 or 236A ”.

I1217

1

Section 250 (licence conditions) is amended as follows.

2

In subsection (4)—

a

for “or 227” substitute “ , 227 or 236A ”, and

b

for “or 228” substitute “ , 228 or 236A ”.

3

In subsection (5A) (inserted by section 15 of this Act)—

a

for “to a prisoner” substitute

to—

a

a prisoner

b

at the end insert

, or

b

a prisoner serving a sentence imposed under section 236A.

I1318

In section 256AA(1) (supervision after end of sentence of prisoners serving less than 2 years), after paragraph (b) (but before “or”) insert—

ba

the sentence was imposed under section 236A,

I1419

In section 258(3A) (early release of fine defaulters and contemnors), for “or 228” substitute “ , 228 or 236A ”.

I1520

1

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

2

In subsection (2A), after “226B” insert “ or a sentence under section 236A ”.

3

In subsection (5), after “244” insert “ , 244A ”.

I1621

In section 261(5)(b) (re-entry into United Kingdom of offender removed from prison early), after “244” insert “ , 244A ”.

I1722

In section 263(4) (concurrent terms), for “or 228” substitute “ , 228 or 236A ”.

I1823

1

Section 264 (consecutive terms) is amended as follows.

2

For subsection (6) substitute—

6

In this section “custodial period” means—

a

in relation to an extended sentence imposed under section 226A or 226B, two-thirds of the appropriate custodial term determined by the court under that section,

b

in relation to an extended sentence imposed under section 227 or 228, one-half of the appropriate custodial term determined by the court under that section,

c

in relation to a sentence imposed under section 236A, one-half of the appropriate custodial term determined by the court under that section, and

d

in relation to any other sentence, one-half of the sentence.

3

In subsection (7), for “or 228” substitute “ , 228 or 236A ”.

F324

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