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PART 12 continued CHAPTER 5 continued
(1) This section applies where—
(a) a person aged 18 or over is convicted of a serious offence committed after the commencement of this section, and
(b) the court is of the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by him of further specified offences.
(2) If—
(a) the offence is one in respect of which the offender would apart from this section be liable to imprisonment for life, and
(b) the court considers that the seriousness of the offence, or of the offence and one or more offences associated with it, is such as to justify the imposition of a sentence of imprisonment for life,
the court must impose a sentence of imprisonment for life.
(3) In a case not falling within subsection (2), the court must impose a sentence of imprisonment for public protection.
(4) A sentence of imprisonment for public protection is a sentence of imprisonment for an indeterminate period, subject to the provisions of Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (c. 43) as to the release of prisoners and duration of licences.
(5) An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law.
(1) This section applies where—
(a) a person aged under 18 is convicted of a serious offence committed after the commencement of this section, and
(b) the court is of the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by him of further specified offences.
(2) If—
(a) the offence is one in respect of which the offender would apart from this section be liable to a sentence of detention for life under section 91 of the Sentencing Act, and
(b) the court considers that the seriousness of the offence, or of the offence and one or more offences associated with it, is such as to justify the imposition of a sentence of detention for life,
the court must impose a sentence of detention for life under that section.
(3) If, in a case not falling within subsection (2), the court considers that an extended sentence under section 228 would not be adequate for the purpose of protecting the public from serious harm occasioned by the commission by the offender of further specified offences, the court must impose a sentence of detention for public protection.
(4) A sentence of detention for public protection is a sentence of detention for an indeterminate period, subject to the provisions of Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (c. 43) as to the release of prisoners and duration of licences.
(5) An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law.
(1) This section applies where—
(a) a person aged 18 or over is convicted of a specified offence, other than a serious offence, committed after the commencement of this section, and
(b) the court considers that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences.
(2) The court must impose on the offender an extended sentence of imprisonment, that is to say, a sentence of imprisonment the term of which is equal to the aggregate of—
(a) the appropriate custodial term, and
(b) a further period (“the extension period”) for which the offender is to be subject to a licence and which is of such length as the court considers necessary for the purpose of protecting members of the public from serious harm occasioned by the commission by him of further specified offences.
(3) In subsection (2) “the appropriate custodial term” means a term of imprisonment (not exceeding the maximum term permitted for the offence) which—
(a) is the term that would (apart from this section) be imposed in compliance with section 153(2), or
(b) where the term that would be so imposed is a term of less than 12 months, is a term of 12 months.
(4) The extension period must not exceed—
(a) five years in the case of a specified violent offence, and
(b) eight years in the case of a specified sexual offence.
(5) The term of an extended sentence of imprisonment passed under this section in respect of an offence must not exceed the maximum term permitted for the offence.
(1) This section applies where—
(a) a person aged under 18 is convicted of a specified offence committed after the commencement of this section, and
(b) the court considers—
(i) that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences, and
(ii) where the specified offence is a serious offence, that the case is not one in which the court is required by section 226(2) to impose a sentence of detention for life under section 91 of the Sentencing Act or by section 226(3) to impose a sentence of detention for public protection.
(2) The court must impose on the offender an extended sentence of detention, that is to say, a sentence of detention the term of which is equal to the aggregate of—
(a) the appropriate custodial term, and
(b) a further period (“the extension period”) for which the offender is to be subject to a licence and which is of such length as the court considers necessary for the purpose of protecting members of the public from serious harm occasioned by the commission by him of further specified offences.
(3) In subsection (2) “the appropriate custodial term” means such term as the court considers appropriate, which—
(a) must be at least 12 months, and
(b) must not exceed the maximum term of imprisonment permitted for the offence.
(4) The extension period must not exceed—
(a) five years in the case of a specified violent offence, and
(b) eight years in the case of a specified sexual offence.
(5) The term of an extended sentence of detention passed under this section in respect of an offence must not exceed the maximum term of imprisonment permitted for the offence.
(6) Any reference in this section to the maximum term of imprisonment permitted for an offence is a reference to the maximum term of imprisonment that is, apart from section 225, permitted for the offence in the case of a person aged 18 or over.
(1) This section applies where—
(a) a person has been convicted of a specified offence, and
(b) it falls to a court to assess under any of sections 225 to 228 whether there is a significant risk to members of the public of serious harm occasioned by the commission by him of further such offences.
(2) If at the time when that offence was committed the offender had not been convicted in any part of the United Kingdom of any relevant offence or was aged under 18, the court in making the assessment referred to in subsection (1)(b)—
(a) must take into account all such information as is available to it about the nature and circumstances of the offence,
(b) may take into account any information which is before it about any pattern of behaviour of which the offence forms part, and
(c) may take into account any information about the offender which is before it.
(3) If at the time when that offence was committed the offender was aged 18 or over and had been convicted in any part of the United Kingdom of one or more relevant offences, the court must assume that there is such a risk as is mentioned in subsection (1)(b) unless, after taking into account—
(a) all such information as is available to it about the nature and circumstances of each of the offences,
(b) where appropriate, any information which is before it about any pattern of behaviour of which any of the offences forms part, and
(c) any information about the offender which is before it,
the court considers that it would be unreasonable to conclude that there is such a risk.
(4) In this Chapter “relevant offence” means—
(a) a specified offence,
(b) an offence specified in Schedule 16 (offences under the law of Scotland), or
(c) an offence specified in Schedule 17 (offences under the law of Northern Ireland).
Schedule 18 (release of prisoners serving sentences of imprisonment or detention for public protection) shall have effect.
(1) This section applies where—
(a) a sentence has been imposed on any person under section 225 or 227, and
(b) any previous conviction of his without which the court would not have been required to make the assumption mentioned in section 229(3) has been subsequently set aside on appeal.
(2) Notwithstanding anything in section 18 of the Criminal Appeal Act 1968 (c. 19), notice of appeal against the sentence may be given at any time within 28 days from the date on which the previous conviction was set aside.
Where—
(a) on any date after the commencement of this section a person is convicted in England and Wales of a relevant offence, and
(b) the court by or before which he is so convicted states in open court that he has been convicted of such an offence on that date, and
(c) that court subsequently certifies that fact,
that certificate shall be evidence, for the purposes of section 229, that he was convicted of such an offence on that date.
Where—
(a) a person has at any time been convicted of an offence under section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 42 of the Naval Discipline Act 1957 (c. 53), and
(b) the corresponding civil offence (within the meaning of that Act) was a relevant offence,
section 229 shall have effect as if he had at that time been convicted in England and Wales of the corresponding civil offence.
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 shall be taken for the purposes of section 229 to have been committed on the last of those days.
A person sentenced to be detained under section 226 or 228 is liable to be detained in such place, and under such conditions, as may be determined by the Secretary of State or by such other person as may be authorised by him for the purpose.
For section 99 of the Sentencing Act (conversion of sentence of detention and custody into sentence of imprisonment) there is substituted—
(1) Subject to the following provisions of this section, where an offender has been sentenced by a relevant sentence of detention to a term of detention and either—
(a) he has attained the age of 21, or
(b) he has attained the age of 18 and has been reported to the Secretary of State by the board of visitors of the institution in which he is detained as exercising a bad influence on the other inmates of the institution or as behaving in a disruptive manner to the detriment of those inmates,
the Secretary of State may direct that he shall be treated as if he had been sentenced to imprisonment for the same term.
(2) Where the Secretary of State gives a direction under subsection (1) above in relation to an offender, the portion of the term of detention imposed under the relevant sentence of detention which he has already served shall be deemed to have been a portion of a term of imprisonment.
(3) Where the Secretary of State gives a direction under subsection (1) above in relation to an offender serving a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 the offender shall be treated as if he had been sentenced under section 225 of that Act; and where the Secretary of State gives such a direction in relation to an offender serving an extended sentence of detention under section 228 of that Act the offender shall be treated as if he had been sentenced under section 227 of that Act.
(4) Rules under section 47 of the Prison Act 1952 may provide that any award for an offence against discipline made in respect of an offender serving a relevant sentence of detention shall continue to have effect after a direction under subsection (1) has been given in relation to him.
(5) In this section “relevant sentence of detention” means—
(a) a sentence of detention under section 90 or 91 above,
(b) a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003, or
(c) an extended sentence of detention under section 228 of that Act.”
(1) In this Chapter “fixed-term prisoner” means—
(a) a person serving a sentence of imprisonment for a determinate term, or
(b) a person serving a determinate sentence of detention under section 91 of the Sentencing Act or under section 228 of this Act.
(2) In this Chapter, unless the context otherwise requires, “prisoner” includes a person serving a sentence falling within subsection (1)(b); and “prison” includes any place where a person serving such a sentence is liable to be detained.
(1) A court which sentences an offender to a term of imprisonment of twelve months or more in respect of any offence may, when passing sentence, recommend to the Secretary of State particular conditions which in its view should be included in any licence granted to the offender under this Chapter on his release from prison.
(2) In exercising his powers under section 250(4)(b) in respect of an offender, the Secretary of State must have regard to any recommendation under subsection (1).
(3) A recommendation under subsection (1) is not to be treated for any purpose as part of the sentence passed on the offender.
(4) This section does not apply in relation to a sentence of detention under section 91 of the Sentencing Act or section 228 of this Act.
(1) The Parole Board is to continue to be, by that name, a body corporate and as such is—
(a) to be constituted in accordance with this Chapter, and
(b) to have the functions conferred on it by this Chapter in respect of fixed-term prisoners and by Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (c. 43) (in this Chapter referred to as “the 1997 Act”) in respect of life prisoners within the meaning of that Chapter.
(2) It is the duty of the Board to advise the Secretary of State with respect to any matter referred to it by him which is to do with the early release or recall of prisoners.
(3) The Board must, in dealing with cases as respects which it makes recommendations under this Chapter or under Chapter 2 of Part 2 of the 1997 Act, consider—
(a) any documents given to it by the Secretary of State, and
(b) any other oral or written information obtained by it;
and if in any particular case the Board thinks it necessary to interview the person to whom the case relates before reaching a decision, the Board may authorise one of its members to interview him and must consider the report of the interview made by that member.
(4) The Board must deal with cases as respects which it gives directions under this Chapter or under Chapter 2 of Part 2 of the 1997 Act on consideration of all such evidence as may be adduced before it.
(5) Without prejudice to subsections (3) and (4), the Secretary of State may make rules with respect to the proceedings of the Board, including proceedings authorising cases to be dealt with by a prescribed number of its members or requiring cases to be dealt with at prescribed times.
(6) The Secretary of State may also give to the Board directions as to the matters to be taken into account by it in discharging any functions under this Chapter or under Chapter 2 of Part 2 of the 1997 Act; and in giving any such directions the Secretary of State must have regard to—
(a) the need to protect the public from serious harm from offenders, and
(b) the desirability of preventing the commission by them of further offences and of securing their rehabilitation.
(7) Schedule 19 shall have effect with respect to the Board.
(1) This section applies where—
(a) a court sentences an offender to imprisonment for a term in respect of an offence committed after the commencement of this section, and
(b) the offender has been remanded in custody (within the meaning given by section 242) in connection with the offence or a related offence, that is to say, any other offence the charge for which was founded on the same facts or evidence.
(2) It is immaterial for that purpose whether the offender—
(a) has also been remanded in custody in connection with other offences; or
(b) has also been detained in connection with other matters.
(3) Subject to subsection (4), the court must direct that the number of days for which the offender was remanded in custody in connection with the offence or a related offence is to count as time served by him as part of the sentence.
(4) Subsection (3) does not apply if and to the extent that—
(a) rules made by the Secretary of State so provide in the case of—
(i) a remand in custody which is wholly or partly concurrent with a sentence of imprisonment, or
(ii) sentences of imprisonment for consecutive terms or for terms which are wholly or partly concurrent, or
(b) it is in the opinion of the court just in all the circumstances not to give a direction under that subsection.
(5) Where the court gives a direction under subsection (3), it shall state in open court—
(a) the number of days for which the offender was remanded in custody, and
(b) the number of days in relation to which the direction is given.
(6) Where the court does not give a direction under subsection (3), or gives such a direction in relation to a number of days less than that for which the offender was remanded in custody, it shall state in open court—
(a) that its decision is in accordance with rules made under paragraph (a) of subsection (4), or
(b) that it is of the opinion mentioned in paragraph (b) of that subsection and what the circumstances are.
(7) For the purposes of this section a suspended sentence—
(a) is to be treated as a sentence of imprisonment when it takes effect under paragraph 8(2)(a) or (b) of Schedule 12, and
(b) is to be treated as being imposed by the order under which it takes effect.
(8) For the purposes of the reference in subsection (3) to the term of imprisonment to which a person has been sentenced (that is to say, the reference to his “sentence”), consecutive terms and terms which are wholly or partly concurrent are to 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 Chapter at any time during the period beginning with the first and ending with the last of those occasions.
(9) 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 shall be taken for the purposes of subsection (1) to have been committed on the last of those days.
(10) This section applies to a determinate sentence of detention under section 91 of the Sentencing Act or section 228 of this Act as it applies to an equivalent sentence of imprisonment.
(1) In determining for the purposes of this Chapter or Chapter 3 (prison sentences of less than twelve months) whether a person to whom a direction under section 240 relates—
(a) has served, or would (but for his release) have served, a particular proportion of his sentence, or
(b) has served a particular period,
the number of days specified in the direction are to be treated as having been served by him as part of that sentence or period.
(2) In determining for the purposes of section 183 (intermittent custody) whether any part of a sentence to which an intermittent custody order relates is a licence period, the number of custodial days, as defined by subsection (3) of that section, is to be taken to be reduced by the number of days specified in a direction under section 240.
(1) For the purposes of sections 240 and 241, the definition of “sentence of imprisonment” in section 305 applies as if for the words from the beginning of the definition to the end of paragraph (a) there were substituted—
““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 on a conviction,”;
and references in those sections to sentencing an offender to imprisonment, and to an offender’s sentence, are to be read accordingly.
(2) References in sections 240 and 241 to an offender’s being remanded in custody are references to his being—
(a) remanded in or committed to custody by order of a court,
(b) remanded or committed to local authority accommodation under section 23 of the Children and Young Persons Act 1969 (c. 54) and kept in secure accommodation or detained in a secure training centre pursuant to arrangements under subsection (7A) of that section, or
(c) remanded, admitted or removed to hospital under section 35, 36, 38 or 48 of the Mental Health Act 1983 (c. 20).
(3) In subsection (2), “secure accommodation” has the same meaning as in section 23 of the Children and Young Persons Act 1969.
(1) A fixed-term prisoner is an extradited prisoner for the purposes of this section if—
(a) he was tried for the offence in respect of which his sentence was imposed—
(i) after having been extradited to the United Kingdom, and
(ii) without having first been restored or had an opportunity of leaving the United Kingdom, and
(b) he was for any period kept in custody while awaiting his extradition to the United Kingdom as mentioned in paragraph (a).
(2) In the case of an extradited prisoner, section 240 has effect as if the days for which he was kept in custody while awaiting extradition were days for which he was remanded in custody in connection with the offence, or any other offence the charge for which was founded on the same facts or evidence.
(3) In this section—
“extradited to the United Kingdom” means returned to the United Kingdom—
in pursuance of extradition arrangements,
under any law of a designated Commonwealth country corresponding to the Extradition Act 1989 (c. 33),
under that Act as extended to a British overseas territory or under any corresponding law of a British overseas territory,
in pursuance of a warrant of arrest endorsed in the Republic of Ireland under the law of that country corresponding to the Backing of Warrants (Republic of Ireland) Act 1965 (c. 45), or
in pursuance of arrangements with a foreign state in respect of which an Order in Council under section 2 of the Extradition Act 1870 (c. 52) is in force;
“extradition arrangements” has the meaning given by section 3 of the Extradition Act 1989;
“designated Commonwealth country” has the meaning given by section 5(1) of that Act.
(1) As soon as a fixed-term prisoner, other than a prisoner to whom section 247 applies, has served the requisite custodial period, it is the duty of the Secretary of State to release him on licence under this section.
(2) Subsection (1) is subject to section 245.
(3) In this section “the requisite custodial period” means—
(a) in relation to a person serving a sentence of imprisonment for a term of twelve months or more or any determinate sentence of detention under section 91 of the Sentencing Act, one-half of his sentence,
(b) in relation to a person serving a sentence of imprisonment for a term of less than twelve months (other than one to which an intermittent custody order relates), the custodial period within the meaning of section 181,
(c) in relation to a person serving a sentence of imprisonment to which an intermittent custody order relates, any part of the term which is not a licence period as defined by section 183(3), and
(d) in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2).
(1) Where an intermittent custody prisoner returns to custody after being unlawfully at large within the meaning of section 49 of the Prison Act 1952 (c. 52) at any time during the currency of his sentence, section 244(1) does not apply until—
(a) the relevant time (as defined in subsection (2)), or
(b) if earlier, the date on which he has served in prison the number of custodial days required by the intermittent custody order.
(2) In subsection (1)(a) “the relevant time” means—
(a) in a case where, within the period of 72 hours beginning with the return to custody of the intermittent custody prisoner, the Secretary of State or the responsible officer has applied to the court for the amendment of the intermittent custody order under paragraph 6(1)(b) of Schedule 10, the date on which the application is withdrawn or determined, and
(b) in any other case, the end of that 72-hour period.
(3) Section 244(1) does not apply in relation to an intermittent custody prisoner at any time after he has been recalled under section 254, unless after his recall the Board has directed his further release on licence.
(1) Subject to subsections (2) to (4), the Secretary of State may—
(a) release on licence under this section a fixed-term prisoner, other than an intermittent custody prisoner, at any time during the period of 135 days ending with the day on which the prisoner will have served the requisite custodial period, and
(b) release on licence under this section an intermittent custody prisoner when 135 or less of the required custodial days remain to be served.
(2) Subsection (1)(a) does not apply in relation to a prisoner unless—
(a) the length of the requisite custodial period is at least 6 weeks,
(b) he has served—
(i) at least 4 weeks of his sentence, and
(ii) at least one-half of the requisite custodial period.
(3) Subsection (1)(b) does not apply in relation to a prisoner unless—
(a) the number of required custodial days is at least 42, and
(b) the prisoner has served—
(i) at least 28 of those days, and
(ii) at least one-half of the total number of those days.
(4) Subsection (1) does not apply where—
(a) the sentence is imposed under section 227 or 228,
(b) the sentence is for an offence under section 1 of the Prisoners (Return to Custody) Act 1995 (c. 16),
(c) the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the Mental Health Act 1983 (c. 20),
(d) the sentence was imposed by virtue of paragraph 9(1)(b) or (c) or 10(1)(b) or (c) of Schedule 8 in a case where the prisoner has failed to comply with a curfew requirement of a community order,
(e) the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42),
(f) the prisoner is liable to removal from the United Kingdom,
(g) the prisoner has been released on licence under this section during the currency of the sentence, and has been recalled to prison under section 255(1)(a),
(h) the prisoner has been released on licence under section 248 during the currency of the sentence, and has been recalled to prison under section 254, or
(i) in the case of a prisoner to whom a direction under section 240 relates, the interval between the date on which the sentence was passed and the date on which the prisoner will have served the requisite custodial period is less than 14 days or, where the sentence is one of intermittent custody, the number of the required custodial days remaining to be served is less than 14.
Criminal Justice Act 2003