(1) In subsection (4) of section 23 of the 1969 Act (remands and committals to local authority accommodation), for the words “Subject to subsection (5) below,” there shall be substituted the words “Subject to subsections (5) and (5A) below,”.
(2) In subsection (5) of that section, for the words “a young person who has attained the age of fifteen” there shall be substituted the words “a child who has attained the age of twelve, or a young person, who (in either case) is of a prescribed description”.
(3) After that subsection there shall be inserted the following subsection—
“(5A) A court shall not impose a security requirement in respect of a child or young person who is not legally represented in the court unless—
(a) he applied for legal aid and the application was refused on the ground that it did not appear his means were such that he required assistance; or
(b) having been informed of his right to apply for legal aid and had the opportunity to do so, he refused or failed to apply.”
(4) In subsection (12) of that section, after the definition of “imprisonable offence” there shall be inserted the following definition—
““prescribed description” means a description prescribed by reference to age or sex or both by an order of the Secretary of State;”.
(5) Section 20 of the 1994 Act (which has not been brought into force and is superseded by this section) is hereby repealed.
(1) Section 23 of the 1969 Act shall have effect with the modifications specified in subsections (2) to (6) below in relation to any male person who—
(a) is of the age of 15 or 16; and
(b) is not of a description prescribed for the purposes of subsection (5) of that section.
(2) In subsection (1), immediately before the words “the remand” there shall be inserted the words “then, unless he is remanded to a remand centre or a prison in pursuance of subsection (4)(b) or (c) below,”.
(3) For subsections (4) to (5A) there shall be substituted the following subsections—
“(4) Where a court, after consultation with a probation officer, a social worker of a local authority social services department or a member of a youth offending team, declares a person to be one to whom subsection (5) below applies—
(a) it shall remand him to local authority accommodation and require him to be placed and kept in secure accommodation, if—
(i) it also, after such consultation, declares him to be a person to whom subsection (5A) below applies; and
(ii) it has been notified that secure accommodation is available for him;
(b) it shall remand him to a remand centre, if paragraph (a) above does not apply and it has been notified that such a centre is available for the reception from the court of persons to whom subsection (5) below applies; and
(c) it shall remand him to a prison, if neither paragraph (a) nor paragraph (b) above applies.
(4A) A court shall not declare a person who is not legally represented in the court to be a person to whom subsection (5) below applies unless—
(a) he applied for legal aid and the application was refused on the ground that it did not appear his means were such that he required assistance; or
(b) having been informed of his right to apply for legal aid and had the opportunity to do so, he refused or failed to apply.
(5) This subsection applies to a person who—
(a) is charged with or has been convicted of a violent or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; or
(b) has a recent history of absconding while remanded to local authority accommodation, and is charged with or has been convicted of an imprisonable offence alleged or found to have been committed while he was so remanded,
if (in either case) the court is of opinion that only remanding him to a remand centre or prison, or to local authority accommodation with a requirement that he be placed and kept in secure accommodation, would be adequate to protect the public from serious harm from him.
(5A) This subsection applies to a person if the court is of opinion that, by reason of his physical or emotional immaturity or a propensity of his to harm himself, it would be undesirable for him to be remanded to a remand centre or a prison.”
(4) In subsection (6)—
(a) for the words “imposes a security requirement in respect of a young person” there shall be substituted the words “declares a person to be one to whom subsection (5) above applies”; and
(b) for the words “subsection (5) above” there shall be substituted the words “that subsection”.
(5) In subsection (7), after the words “a security requirement” there shall be inserted the words “(that is to say, a requirement imposed under subsection (4)(a) above that the person be placed and kept in secure accommodation)”.
(6) After subsection (9) there shall be inserted the following subsection—
“(9A) Where a person is remanded to local authority accommodation without the imposition of a security requirement, a relevant court may, on the application of the designated authority, declare him to be a person to whom subsection (5) above applies; and on its doing so, subsection (4) above shall apply.”
(7) Section 62 of the 1991 Act (which is superseded by this section) shall cease to have effect.
Immediately before section 35 of the 1991 Act there shall be inserted the following section—
(1) Subject to subsection (2) below, subsection (3) below applies where a short-term prisoner aged 18 or over is serving a sentence of imprisonment for a term of three months or more.
(2) Subsection (3) below does not apply where—
(a) the sentence is an extended sentence within the meaning of section 58 of the Crime and Disorder Act 1998;
(b) the sentence is for an offence under section 1 of the [1995 c. 16.] Prisoners (Return to Custody) Act 1995;
(c) the sentence was imposed under paragraph 3(1)(d) or 4(1)(d) of Schedule 2 to this Act in a case where the prisoner had failed to comply with a requirement of a curfew order;
(d) the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the [1983 c. 20.] Mental Health Act 1983;
(e) the prisoner is liable to removal from the United Kingdom for the purposes of section 46 below;
(f) the prisoner has been released on licence under this section at any time and has been recalled to prison under section 38A(1)(a) below;
(g) the prisoner has been released on licence under this section or section 36 below during the currency of the sentence, and has been recalled to prison under section 39(1) or (2) below;
(h) the prisoner has been returned to prison under section 40 below at any time; or
(j) the interval between—
(i) the date on which the prisoner will have served the requisite period for the term of the sentence; and
(ii) the date on which he will have served one-half of the sentence,
is less than 14 days.
(3) After the prisoner has served the requisite period for the term of his sentence, the Secretary of State may, subject to section 37A below, release him on licence.
(4) In this section “the requisite period” means—
(a) for a term of three months or more but less than four months, a period of 30 days;
(b) for a term of four months or more but less than eight months, a period equal to one-quarter of the term;
(c) for a term of eight months or more, a period that is 60 days less than one-half of the term.
(5) The Secretary of State may by order made by statutory instrument—
(a) repeal the words “aged 18 or over” in subsection (1) above;
(b) amend the definition of “the requisite period” in subsection (4) above; and
(c) make such transitional provision as appears to him necessary or expedient in connection with the repeal or amendment.
(6) No order shall be made under subsection (5) above unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.”
(1) After section 37 of the 1991 Act there shall be inserted the following section—
(1) A person shall not be released under section 34A(3) above unless the licence includes a condition (“the curfew condition”) which—
(a) requires the released person to remain, for periods for the time being specified in the condition, at a place for the time being so specified (which may be an approved probation hostel); and
(b) includes requirements for securing the electronic monitoring of his whereabouts during the periods for the time being so specified.
(2) The curfew condition may specify different places or different periods for different days, but shall not specify periods which amount to less than 9 hours in any one day (excluding for this purpose the first and last days of the period for which the condition is in force).
(3) The curfew condition shall remain in force until the date when the released person would (but for his release) have served one-half of his sentence.
(4) The curfew condition shall include provision for making a person responsible for monitoring the released person’s whereabouts during the periods for the time being specified in the condition; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.
(5) The power conferred by subsection (4) above—
(a) shall be exercisable by statutory instrument; and
(b) shall include power to make different provision for different cases or classes of case or for different areas.
(6) Nothing in this section shall be taken to require the Secretary of State to ensure that arrangements are made for the electronic monitoring of released persons' whereabouts in any particular part of England and Wales;
(7) In this section “approved probation hostel” has the same meaning as in the Probation Service Act 1993.”
(2) Immediately before section 39 of the 1991 Act there shall be inserted the following section—
(1) If it appears to the Secretary of State, as regards a person released on licence under section 34A(3) above—
(a) that he has failed to comply with the curfew condition;
(b) that his whereabouts can no longer be electronically monitored at the place for the time being specified in that condition; or
(c) that it is necessary to do so in order to protect the public from serious harm from him,
the Secretary of State may, if the curfew condition is still in force, revoke the licence and recall the person to prison.
(2) A person whose licence under section 34A(3) above is revoked under this section—
(a) may make representations in writing with respect to the revocation;
(b) on his return to prison, shall be informed of the reasons for the revocation and of his right to make representations.
(3) The Secretary of State, after considering any representations made under subsection (2)(b) above or any other matters, may cancel a revocation under this section.
(4) Where the revocation of a person’s licence is cancelled under subsection (3) above, the person shall be treated for the purposes of sections 34A(2)(f) and 37(1B) above as if he had not been recalled to prison under this section.
(5) On the revocation under this section of a person’s licence under section 34A(3) above, he shall be liable to be detained in pursuance of his sentence and, if at large, shall be deemed to be unlawfully at large.
(6) In this section “the curfew condition” has the same meaning as in section 37A above.”
(1) For subsection (2) of section 51 of the 1991 Act (interpretation of Part II) there shall be substituted the following subsections—
“(2) For the purposes of any reference in this Part, however expressed, to the term of imprisonment to which a person has been sentenced or which, or part of which, he has served, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term if—
(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 this Part at any time during the period beginning with the first and ending with the last of those occasions.
(2A) Where a suspended sentence of imprisonment is ordered to take effect, with or without any variation of the original term, the occasion on which that order is made shall be treated for the purposes of subsection (2) above as the occasion on which the sentence is passed.
(2B) Where a person has been sentenced to two or more terms of imprisonment which are wholly or partly concurrent and do not fall to be treated as a single term—
(a) nothing in this Part shall require the Secretary of State to release him in respect of any of the terms unless and until the Secretary of State is required to release him in respect of each of the others;
(b) nothing in this Part shall require the Secretary of State or the Board to consider his release in respect of any of the terms unless and until the Secretary of State or the Board is required to consider his release, or the Secretary of State is required to release him, in respect of each of the others;
(c) on and after his release under this Part he shall be on licence for so long, and subject to such conditions, as is required by this Part in respect of any of the sentences; and
(d) the date mentioned in section 40(1) above shall be taken to be that on which he would (but for his release) have served each of the sentences in full.
(2C) Where a person has been sentenced to one or more terms of imprisonment and to one or more life sentences (within the meaning of section 34 of the [1997 c. 43.] Crime (Sentences) Act 1997), nothing in this Part shall—
(a) require the Secretary of State to release the person in respect of any of the terms unless and until the Secretary of State is required to release him in respect of each of the life sentences; or
(b) require the Secretary of State or the Board to consider the person’s release in respect of any of the terms unless and until the Secretary of State or the Board is required to consider his release in respect of each of the life sentences.
(2D) Subsections (2B) and (2C) above shall have effect as if the term of an extended sentence (within the meaning of section 58 of the Crime and Disorder Act 1998) included the extension period (within the meaning of that section).”
(2) After subsection (3) of section 34 of the 1997 Act (interpretation of Chapter II) there shall be inserted the following subsection—
“(4) Where a person has been sentenced to one or more life sentences and to one or more terms of imprisonment, nothing in this Chapter shall require the Secretary of State to release the person in respect of any of the life sentences unless and until the Secretary of State is required to release him in respect of each of the terms.”
(1) A court sentencing a person to a term of imprisonment shall not order or direct that the term shall commence on the expiration of any other sentence of imprisonment from which he has been released under Part II of the 1991 Act.
(2) Expressions used in this section shall be construed as if they were contained in that Part.
(1) This section has effect for the purpose of securing that, subject to section 100(2) above, the circumstances in which prisoners released on licence under Part II of the 1991 Act may be recalled to prison are the same for short-term prisoners as for long-term prisoners.
(2) Section 38 of the 1991 Act (breach of licence conditions by short-term prisoners) shall cease to have effect.
(3) In subsection (1) of section 39 of the 1991 Act (recall of long-term prisoners while on licence), after the words “in the case of a” there shall be inserted the words “short-term or”.
(1) In subsection (3) of section 33 of the 1991 Act (duty to release short-term and long-term prisoners), for the word “unconditionally” there shall be substituted the words “on licence”.
(2) After subsection (1) of section 37 of that Act (duration and conditions of licences) there shall be inserted the following subsection—
“(1A) Where a prisoner is released on licence under section 33(3) or (3A) above, subsection (1) above shall have effect as if for the reference to three-quarters of his sentence there were substituted a reference to the whole of that sentence.”
After section 40 of the 1991 Act there shall be inserted the following section—
(1) This section applies (in place of sections 33, 33A, 37(1) and 39 above) where a court passes on a person a sentence of imprisonment which—
(a) includes, or consists of, an order under section 40 above; and
(b) is for a term of twelve months or less.
(2) As soon as the person has served one-half of the sentence, it shall be the duty of the Secretary of State to release him on licence.
(3) Where the person is so released, the licence shall remain in force for a period of three months.
(4) If the person fails to comply with such conditions as may for the time being be specified in the licence, he shall be liable on summary conviction—
(a) to a fine not exceeding level 3 on the standard scale; or
(b) to a sentence of imprisonment for a term not exceeding the relevant period,
but not liable to be dealt with in any other way.
(5) In subsection (4) above “the relevant period” means a period which is equal in length to the period between the date on which the failure occurred or began and the date of the expiry of the licence.
(6) As soon as a person has served one-half of a sentence passed under subsection (4) above, it shall be the duty of the Secretary of State to release him, subject to the licence if it is still subsisting.”
The enactments mentioned in Schedule 7 to this Act shall have effect subject to the amendments there specified, being amendments designed to facilitate, or otherwise desirable in connection with, the consolidation of certain enactments relating to the powers of courts to deal with offenders or defaulters.
(1) Chapter I of Part II of the 1997 Act (which relates to the effect of determinate custodial sentences) shall be amended as follows.
(2) Sections 8 and 10 to 27 are hereby repealed.
(3) After subsection (7) of section 9 (crediting of periods of remand in custody) there shall be inserted the following subsection—
“(7A) Such rules may make such incidental, supplemental and consequential provisions as may appear to the Secretary of State to be necessary or expedient.”
(4) After subsection (10) of that section there shall be inserted the following subsections—
“(11) In this section “sentence of imprisonment” does not include a committal—
(a) in default of payment of any sum of money other than one adjudged to be paid by a conviction;
(b) for want of sufficient distress to satisfy any sum of money; or
(c) for failure to do or abstain from doing anything required to be done or left undone;
and cognate expressions shall be construed accordingly.
(12) For the purposes of any reference in this section, however expressed, to the term of imprisonment to which a person has been sentenced, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term if—
(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 II of the 1991 Act at any time during the period beginning with the first and ending with the last of those occasions.”
(5) After that section there shall be inserted the following section—
(1) Section 9 above applies to—
(a) a sentence of detention in a young offender institution; and
(b) a determinate sentence of detention under section 53 of the [1933 c. 12.] Children and Young Persons Act 1933 (“the 1933 Act”),
as it applies to an equivalent sentence of imprisonment.
(2) Section 9 above applies to—
(a) persons remanded or committed to local authority accommodation under section 23 of the [1969 c. 54.] Children and Young Persons Act 1969 (“the 1969 Act”) and placed and kept in secure accommodation; and
(b) persons remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the [1983 c. 20.] Mental Health Act 1983 (“the 1983 Act”),
as it applies to persons remanded in or committed to custody by an order of a court.
(3) In this section “secure accommodation” has the same meaning as in section 23 of the 1969 Act.”
Chapter I of Part III of the [1997 c. 48.] Crime and Punishment (Scotland) Act 1997 (early release of prisoners) shall cease to have effect.
(1) Section 16 of the [1997 c. 48.] Crime and Punishment (Scotland) Act 1997 (designated life prisoners) shall have effect and shall be deemed always to have had effect with the amendments made by subsections (2) and (3) below.
(2) In subsection (2), at the beginning there shall be inserted the words “Except in a case to which subsection (3A) or (3B) below applies,”.
(3) After subsection (3) there shall be inserted the following subsections—
“(3A) This subsection applies in a case where a person—
(a) was sentenced, prior to 20 October 1997, in respect of a murder committed by him before he attained the age of 18 years; and
(b) has been released on licence, other than under section 3 of the 1993 Act, whether before or on that date.
(3B) This subsection applies in a case where a person—
(a) was sentenced, prior to 20 October 1997, in respect of a murder committed by him before he attained the age of 18 years; and
(b) has been released on licence, other than under section 3 of the 1993 Act, after that date without his case having been considered under subsection (2) above.
(3C) In a case to which subsection (3A) or (3B) applies, Part I of the 1993 Act shall apply as if the person were a designated life prisoner, within the meaning of section 2 of that Act, whose licence had been granted under subsection (4) of that section on his having served the designated part of his sentence.”
(4) Where, prior to the commencement of this section, a certificate has been issued under subsection (2) of section 16 of the [1997 c. 48.] Crime and Punishment (Scotland) Act 1997 in respect of a case to which subsection (3A) of that section applies, the certificate shall be disregarded.
In section 24 of the [1995 c. 39.] Criminal Law (Consolidation) (Scotland) Act 1995 (detention and questioning by customs officers), in subsection (4)—
(a) for the words from “he” to “be” there shall be substituted the words “and is”; and
(b) after the word “detention” there shall be inserted the words “, the period of six hours mentioned in subsection (2) above shall be reduced by the length of that earlier detention”.
(1) After section 1 of the 1993 Act there shall be inserted the following section—
Where a prisoner has been sentenced to two or more terms of imprisonment which are wholly or partly concurrent and do not fall to be treated as a single term by virtue of section 27(5) of this Act—
(a) nothing in this Part of this Act shall require the Secretary of State to release him in respect of any of the terms unless and until the Secretary of State is required to release him in respect of each of the other terms;
(b) nothing in this Part of this Act shall require the Secretary of State or the Parole Board to consider his release in respect of any of the terms unless and until the Secretary of State or the Parole Board is required to consider his release, or the Secretary of State is required to release him, in respect of each of the other terms; and
(c) where he is released on licence under this Part of this Act, he shall be on a single licence which—
(i) shall (unless revoked) remain in force until the date on which he would (but for his release) have served in full all the sentences in respect of which he has been so released; and
(ii) shall be subject to such conditions as may be specified or required by this Part of this Act in respect of any of the sentences.”
(2) After subsection (7) of section 16 of the 1993 Act (orders for return to prison on commission of further offence) there shall be inserted the following subsection—
“(8) Where a prisoner has been sentenced to two or more terms of imprisonment which are wholly or partly concurrent and do not fall to be treated as a single term by virtue of section 27(5) of this Act, the date mentioned in subsection (1)(a) above shall be taken to be that on which he would (but for his release) have served all of the sentences in full.”
(3) For subsection (5) of section 27 of the 1993 Act (interpretation of Part I) there shall be substituted the following subsection—
“(5) For the purposes of any reference, however expressed, in this Part of this Act to the term of imprisonment or other detention to which a person has been sentenced or which, or any part of which, he has served, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term if—
(a) the sentences were passed at the same time; or
(b) where the sentences were passed at different times, the person has not been released under this Part of this Act at any time during the period beginning with the passing of the first sentence and ending with the passing of the last.”
(4) In sub-paragraph (1) of paragraph 6B of Schedule 6 to the 1993 Act (aggregation of old and new sentences)—
(a) for the words “a prisoner” there shall be substituted the words “an existing prisoner”;
(b) the word “and” after head (a) shall cease to have effect;
(c) in head (b), for the words “that date” there shall be inserted the words “the date on which section 111 of the Crime and Disorder Act 1998 comes into force”; and
(d) after head (b) there shall be inserted the following— “; and
(c) he has not at any time prior to the passing of the sentence or sentences mentioned in head (b) above been released from the sentence or sentences mentioned in head (a) above under the existing provisions.”
(5) After that paragraph there shall be inserted the following paragraph—
“6C (1) This paragraph applies where—
(a) an existing prisoner was, at the relevant date, serving a sentence or sentences of imprisonment, on conviction of an offence, passed before that date;
(b) on or after the date on which section 111 of the Crime and Disorder Act 1998 comes into force he is, or has been, sentenced to a further term or terms of imprisonment on conviction of an offence, to be served wholly or partly concurrently with the sentence or sentences mentioned in head (a); and
(c) the sentences do not fall to be treated as a single term by virtue of paragraph 6B(2)(a) above.