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'(1) Part 2 of the Criminal Justice Act 1991 (c. 53) (early release of prisoners: offences committed before 4th April 2005) is amended as follows.
(2) In section 33 (duty to release short-term and long-term prisoners), after subsection (1) insert—
"(1A) As soon as a long-term prisoner has served one-half of his sentence, it shall be the duty of the Secretary of State to release him on licence.
(1B) Subsection (1A) does not apply to a long-term prisoner if the offence or one of the offences in respect of which he is serving the sentence is specified in Schedule 15 to the Criminal Justice Act 2003 (specified violent offences and specified sexual offences)."
(3) In that section, in subsection (2) after "a long-term prisoner" insert "to whom subsection (1A) does not apply".
(4) In section 35 (power to release long-term prisoners etc.) after subsection (1) insert—
"(1A) Subsection (1) does not apply to a long-term prisoner to whom section 33(1A) applies.".
(5) In section 37 (duration and conditions of licences)—
(a) in subsection (1), for "(1B) and (2)" substitute "(1B), (2) and (8)", and
(b) after subsection (7) insert—
"(8) This section does not apply in relation to a long-term prisoner to whom section 33(1A) applies (provision as to the duration and conditions of licences for such prisoners being made by section 37ZA)."
(6) After section 37 insert—
"37ZA Duration and conditions of licences under section 33(1A) etc.
(1) Where a long-term prisoner is released on licence under section 33(1A), the licence shall (subject to any revocation under section 254 of the 2003 Act) remain in force for the remainder of the sentence.
(2) Section 250(1), (4) and (8) of the 2003 Act apply in relation to a licence under section 33(1A) of this Act as they apply in relation to a licence under Chapter 6 of Part 12 of the 2003 Act in respect of a prisoner serving a sentence of imprisonment for a term of twelve months or more.
(3) A person subject to a licence under section 33(1A) must comply with such conditions as may for the time being be specified in the licence.
(4) The reference in section 254(1) of the 2003 Act to a person who has been released on licence under Chapter 6 of Part 12 of that Act includes a reference to a person released on licence under section 33(1A).
(5) In this section, "the 2003 Act" means the Criminal Justice Act 2003."— [Mr. Hanson.]
Brought up, read the First and Second time, and added to the Bill.
9 Jan 2008 : Column 395
New Clause 49
Recall of certain prisoners released under Criminal Justice Act 1991
'(1) Before section 51 of the Criminal Justice Act 1991 (c. 53) insert—
"50A Prisoners recalled under section 254 of Criminal Justice Act 2003
(1) This section applies to a person who is—
(a) released on licence under any provision of this Part, and
(b) recalled to prison under section 254(1) of the 2003 Act (recall of prisoners while on licence).
(2) Nothing in the following provisions of this Part (which authorise or require the Secretary of State to release prisoners) applies in relation to the person—
(a) section 33;
(b) section 33A;
(c) section 34A;
(d) section 35;
(e) section 43(4).
(3) Sections 254(2) and (6) and 255A to 256A of the 2003 Act (which authorise release on licence etc) apply in relation to a person to whom this section applies.
(4) The provisions of Chapter 6 of Part 12 of the 2003 Act specified in subsection (5) apply in relation to—
(a) a licence under that Chapter granted to a person to whom this section applies, and
(b) a licence under section 36 of this Act granted to such a person.
(5) The provisions of the 2003 Act specified in this subsection are—
(a) section 249 (duration of licence), as modified by subsection (6) below;
(b) section 250(1), (4) and (8) (licence conditions), as modified by subsection (7) below;
(c) section 252 (duty to comply with licence conditions).
(6) Section 249 of the 2003 Act applies—
(a) as if the reference in subsection (1) to a fixed-term prisoner were a reference to a person to whom this section applies, and
(b) as if for subsection (3) there were substituted—
"(3) Subsection (1) has effect subject to section 51(2) to (2D) of the Criminal Justice Act 1991."
(7) Section 250(4) of the 2003 Act applies as if the reference to a prisoner serving a sentence mentioned in that subsection were a reference to a person to whom this section applies.
(8) In relation to a person to whom this section applies, subsections (2) to (2D) of section 51 of this Act (treatment of consecutive and concurrent terms etc.) apply as if any reference in those subsections to this Part of this Act included the provisions of the 2003 Act mentioned in subsections (3) and (5).
(9) Except as provided by subsections (6)(b) and (8), nothing in this Part applies in relation to the duration and conditions of—
(a) a licence under Chapter 6 of Part 12 of the 2003 Act granted to a person to whom this section applies, or
(10) In this section, "the 2003 Act" means the Criminal Justice Act 2003."
(2) The savings made by paragraph 19 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950) in respect of sections 249 and 250 of the 2003 Act do not apply in relation to a licence granted under Chapter 6 of Part 12 of that Act, or under section 36 of the Criminal Justice Act 1991 (c. 53), to a person to whom section 50A of the Criminal Justice Act 1991 (c. 53) applies.
(3) In subsections (2) to (4), "the 2003 Act" means the Criminal Justice Act 2003 (c. 44).'. — [Mr. Hanson.]
New Schedule 3
'Electronic monitoring of persons released on bail subject to conditions
21 The Bail Act 1976 (c. 63) has effect subject to the following amendments.
22 In section 3 (general provisions) for subsection (6ZAA) substitute—
"(6ZAA) The requirements which may be imposed under subsection (6) include electronic monitoring requirements.
The imposition of electronic monitoring requirements is subject to section 3AA (in the case of a child or young person), section 3AB (in the case of other persons) and section 3AC (in all cases).
(6ZAB) In this section and sections 3AA to 3AC "electronic monitoring requirements" means requirements imposed for the purpose of securing the electronic monitoring of a person's compliance with any other requirement imposed on him as a condition of bail."
23 (1) Section 3AA (electronic monitoring of compliance with bail conditions) is amended as follows.
(2) In the heading to the section, for "Electronic monitoring of compliance with bail conditions" substitute "Conditions for the imposition of electronic monitoring requirements: children and young persons".
(3) For subsection (1) substitute—
"(1) A court may not impose electronic monitoring requirements on a child or young person unless each of the following conditions is met."
"(4) The third condition is that the court is satisfied that the necessary provision for dealing with the person concerned can be made under arrangements for the electronic monitoring of persons released on bail that are currently available in each local justice area which is a relevant area."'
(5) In subsection (5), for "such a requirement" substitute "electronic monitoring requirements".
(6) Subsections (6) to (10) and (12) (which are superseded by section 3AC) are omitted.
24 After section 3AA insert—
"3AB Conditions for the imposition of electronic monitoring requirements: other persons
(1) A court may not impose electronic monitoring requirements on a person who has attained the age of seventeen unless each of the following conditions is met.
(2) The first condition is that the court is satisfied that without the electronic monitoring requirements the person would not be granted bail.
(3) The second condition is that the court is satisfied that the necessary provision for dealing with the person concerned can be made under arrangements for the electronic monitoring of persons released on bail that are currently available in each local justice area which is a relevant area.
(4) If the person is aged seventeen, the third condition is that a youth offending team has informed the court that in its opinion the imposition of electronic monitoring requirements will be suitable in his case.
3AC Electronic monitoring: general provisions
(1) Where a court imposes electronic monitoring requirements as a condition of bail, the requirements must include provision for making a person responsible for the monitoring.
(2) A person may not be made responsible for the electronic monitoring of a person on bail unless he is of a description specified in an order made by the Secretary of State.
(3) The Secretary of State may make rules for regulating—
(a) the electronic monitoring of persons on bail;
(b) without prejudice to the generality of paragraph (a), the functions of persons made responsible for such monitoring.
(4) The rules may make different provision for different cases.
(5) Any power of the Secretary of State to make an order or rules under this section is exercisable by statutory instrument.
(6) A statutory instrument containing rules under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(7) For the purposes of section 3AA or 3AB a local justice area is a relevant area in relation to a proposed electronic monitoring requirement if the court considers that it will not be practicable to secure the electronic monitoring in question unless electronic monitoring arrangements are available in that area.
(8) Nothing in sections 3, 3AA or 3AB is to be taken to require the Secretary of State to ensure that arrangements are made for the electronic monitoring of persons released on bail." '.— [Mr. Hanson.]
'Offences specified for the purposes of sections 225(3A) and 227(2A) of the Criminal Justice Act 2003
Offences specified for the purposes of sections 225(3A) and 227(2A)
Offences under the law of England and Wales
1 An attempt to commit murder, a conspiracy to murder or an incitement to murder.
2 Manslaughter.
3 An offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder).
4 An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm).
5 An offence under section 1 of the Sexual Offences Act 1956 (c. 69) (rape) or an attempt to commit such an offence.
6 An offence under section 5 of that Act (intercourse with a girl under 13).
7 An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of firearm with intent to endanger life).
8 An offence under section 17(1) of that Act (use of a firearm to resist arrest).
9 An offence under section 18 of that Act (carrying a firearm with criminal intent).
10 An offence of robbery under section 8 of the Theft Act 1968 (c. 60) where, at some time during the commission of the offence, the offender had in his possession a firearm or an imitation firearm within the meaning of the Firearms Act 1968 (c. 27).
11 An offence under section 1 of the Sexual Offences Act 2003 (c. 42) (rape) or an attempt to commit such an offence.
12 An offence under section 2 of that Act (assault by penetration) or an attempt to commit such an offence.
13 An offence under section 4 of that Act (causing a person to engage in sexual activity without consent), or an attempt to commit such an offence, if the offender was liable on conviction on indictment to imprisonment for life.
14 An offence under section 5 of that Act (rape of a child under 13) or an attempt to commit such an offence.
15 An offence under section 6 of that Act (assault of a child under 13 by penetration) or an attempt to commit such an offence.
16 An offence under section 8 of that Act (causing or inciting a child under 13 to engage in sexual activity), or an attempt to commit such an offence, if the offender was liable on conviction on indictment to imprisonment for life.
17 An offence under section 30 of that Act (sexual activity with a person with a mental disorder impeding choice), or an attempt to commit such an offence, if the offender was liable on conviction on indictment to imprisonment for life.
18 An offence under section 31 of that Act (causing or inciting a person with a mental disorder to engage in sexual activity), or an attempt to commit such an offence, if the offender was liable on conviction on indictment to imprisonment for life.
19 An offence under section 34 of that Act (inducement, threat or deception to procure sexual activity with a person with a mental disorder), or an attempt to commit such an offence, if the offender was liable on conviction on indictment to imprisonment for life.
20 An offence under section 35 of that Act (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement etc.), or an attempt to commit such an offence, if the offender was liable on conviction on indictment to imprisonment for life.
21 An offence under section 47 of that Act (paying for sexual services of a child), or an attempt to commit such an offence, if the offender was liable on conviction on indictment to imprisonment for life.
22 An offence under section 62 of that Act (committing an offence with intent to commit a sexual offence), or an attempt to commit such an offence if the offender, was liable on conviction on indictment to imprisonment for life.
Offences under the law of Scotland
23 Culpable homicide.
24 An attempt to commit murder, a conspiracy to murder or an incitement to murder.
25 Rape or an attempt to commit rape.
26 Assault where the assault—
(a) is aggravated because it caused severe injury or endangered the victim's life, or
(b) was carried out with intent to rape or ravish the victim.
27 Sodomy, or an attempt to commit sodomy, where the person against whom the offence was committed did not consent.
28 Lewd, indecent or libidinous behaviour or practices.
29 Robbery, where, at some time during the commission of the offence, the offender had in his possession a firearm or an imitation firearm within the meaning of the Firearms Act 1968 (c. 27).
30 An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of firearm with intent to endanger life).
31 An offence under section 17(1) of that Act (use of a firearm to resist arrest).
32 An offence under section 18 of that Act (carrying a firearm with criminal intent).
33 An offence under section 5(1) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) (unlawful intercourse with a girl under 13).
Offences under the law of Northern Ireland
35 Manslaughter.
37 An offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder).
38 An offence under section 18 of that Act (wounding with intent to cause grievous bodily harm).
39 An offence under section 4 of the Criminal Law Amendment Act 1885 (c. 69) (intercourse with a girl under 14).
40 An offence of robbery under section 8 of the Theft Act (Northern Ireland) 1969 (c. 16) where, at some time during the commission of the offence, the offender had in his possession a firearm or an imitation firearm within the meaning of the Firearms (Northern Ireland) Order 1981.
41 An offence under Article 17 of the Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I.2)) (possession of firearm with intent to endanger life).
42 An offence under Article 18(1) of that Order (use of a firearm to resist arrest).
43 An offence under Article 19 of that Order (carrying a firearm with criminal intent).
45 An offence under Article 59 of that Order (use of a firearm to resist arrest).
47 An offence under section 47 of the Sexual Offences Act 2003 (paying for sexual services of a child) or an attempt to commit such an offence if the offender was liable on conviction on indictment to imprisonment for life." '.— [Mr. Hanson.]
'Credit for period of remand on bail: transitional provisions
1 A period specified under paragraph 2 is to be treated as being a relevant period within the meaning of section 67 of the Criminal Justice Act 1967 (c. 80).
2 (1) This paragraph applies where—
(a) a court sentences an offender to a term of imprisonment for an offence that was committed before 4th April 2005,
(b) the offender was remanded on bail by a court in the course of or in connection with proceedings for the offence, or any related offence, after the coming into force of paragraph 1, and
(c) the offender's bail was subject to a qualifying curfew condition and an electronic monitoring condition ("the relevant conditions").
(2) Subject to sub-paragraph (4), the court must by order specify the credit period.
(3) The "credit period" is the number days represented by half of the sum of—
(a) the day on which the offender's bail was first subject to conditions that, had they applied throughout the day in question, would have been relevant conditions, and
(b) the number of other days on which the offender's bail was subject to those conditions (excluding the last day on which it was so subject),
rounded up to the nearest whole number.