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PART 12 continued CHAPTER 6 continued
The Secretary of State may by order provide that any reference in section 244(3)(a), section 247(2) or section 264(6)(a)(ii) to a particular proportion of a prisoner’s sentence is to be read as a reference to such other proportion of a prisoner’s sentence as may be specified in the order.
In this Chapter—
“the 1997 Act” means the Crime (Sentences) Act 1997 (c. 43);
“the Board” means the Parole Board;
“fixed-term prisoner” has the meaning given by section 237(1);
“intermittent custody prisoner” means a prisoner serving a sentence of imprisonment to which an intermittent custody order relates;
“prison” and “prisoner” are to be read in accordance with section 237(2);
“release”, in relation to a prisoner serving a sentence of imprisonment to which an intermittent custody order relates, includes temporary release;
“relevant court order”, in relation to a person serving a sentence of imprisonment to which a custody plus order or intermittent custody order relates, means that order.
(1) This section applies where after the commencement of this section a court passes a life sentence in circumstances where the sentence is fixed by law.
(2) The court must, unless it makes an order under subsection (4), order that the provisions of section 28(5) to (8) of the Crime (Sentences) Act 1997 (referred to in this Chapter as “the early release provisions”) are to apply to the offender as soon as he has served the part of his sentence which is specified in the order.
(3) The part of his sentence is to be such as the court considers appropriate taking into account—
(a) the seriousness of the offence, or of the combination of the offence and any one or more offences associated with it, and
(b) the effect of any direction which it would have given under section 240 (crediting periods of remand in custody) if it had sentenced him to a term of imprisonment.
(4) If the offender was 21 or over when he committed the offence and the court is of the opinion that, because of the seriousness of the offence, or of the combination of the offence and one or more offences associated with it, no order should be made under subsection (2), the court must order that the early release provisions are not to apply to the offender.
(5) In considering under subsection (3) or (4) the seriousness of an offence (or of the combination of an offence and one or more offences associated with it), the court must have regard to—
(a) the general principles set out in Schedule 21, and
(b) any guidelines relating to offences in general which are relevant to the case and are not incompatible with the provisions of Schedule 21.
(6) The Secretary of State may by order amend Schedule 21.
(7) Before making an order under subsection (6), the Secretary of State shall consult the Sentencing Guidelines Council.
(1) Any court making an order under subsection (2) or (4) of section 269 must state in open court, in ordinary language, its reasons for deciding on the order made.
(2) In stating its reasons the court must, in particular—
(a) state which of the starting points in Schedule 21 it has chosen and its reasons for doing so, and
(b) state its reasons for any departure from that starting point.
(1) In section 9 of the Criminal Appeal Act 1968 (c. 19) (appeal against sentence following conviction on indictment), after subsection (1) there is inserted—
“(1A) In subsection (1) of this section, the reference to a sentence fixed by law does not include a reference to an order made under subsection (2) or (4) of section 269 of the Criminal Justice Act 2003 in relation to a life sentence (as defined in section 277 of that Act) that is fixed by law.”.
(2) In section 8 of the Courts-Martial (Appeals) Act 1968 (c. 20) (right of appeal from court-martial to Courts-Martial Appeal Court) after subsection (1) there is inserted—
“(1ZA) In subsection (1) above, the reference to a sentence fixed by law does not include a reference to an order made under subsection (2) or (4) of section 269 of the Criminal Justice Act 2003 in relation to a life sentence (as defined in section 277 of that Act) that is fixed by law.”.
(1) In section 36 of the Criminal Justice Act 1988 (c. 33) (reviews of sentencing) after subsection (3) there is inserted—
“(3A) Where a reference under this section relates to an order under subsection (2) of section 269 of the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence), the Court of Appeal shall not, in deciding what order under that section is appropriate for the case, make any allowance for the fact that the person to whom it relates is being sentenced for a second time.”.
(2) Each of the following sections (which relate to the review by the Courts-Martial Appeal Court of sentences passed by courts-martial)—
(a) section 113C of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),
(b) section 113C of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), and
(c) section 71AC of the Naval Discipline Act 1957 (c. 53),
is amended as follows.
(3) After subsection (3) there is inserted—
“(3A) Where a reference under this section relates to an order under subsection (2) of section 269 of the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence), the Courts-Martial Appeal Court shall not, in deciding what order under that section is appropriate for the case, make any allowance for the fact that the person to whom it relates is being sentenced for a second time.”.
(1) The Secretary of State must refer the case of any transferred life prisoner to the High Court for the making of one or more relevant orders.
(2) In subsection (1) “transferred life prisoner” means a person—
(a) on whom a court in a country or territory outside the British Islands has imposed one or more sentences of imprisonment or detention for an indeterminate period, and
(b) who has been transferred to England and Wales after the commencement of this section in pursuance of—
(i) an order made by the Secretary of State under section 2 of the Colonial Prisoners Removal Act 1884 (c. 31), or
(ii) a warrant issued by the Secretary of State under the Repatriation of Prisoners Act 1984 (c. 47),
there to serve his sentence or sentences or the remainder of his sentence or sentences.
(3) In subsection (1) “a relevant order” means—
(a) in the case of an offence which appears to the court to be an offence for which, if it had been committed in England and Wales, the sentence would have been fixed by law, an order under subsection (2) or (4) of section 269, and
(b) in any other case, an order under subsection (2) or (4) of section 82A of the Sentencing Act.
(4) In section 34(1) of the Crime (Sentences) Act 1997 (c. 43) (meaning of “life prisoner” in Chapter 2 of Part 2 of that Act) at the end there is inserted “and includes a transferred life prisoner as defined by section 273 of the Criminal Justice Act 2003”.
(1) A reference to the High Court under section 273 is to be determined by a single judge of that court without an oral hearing.
(2) In relation to a reference under that section, any reference to “the court” in subsections (2) to (5) of section 269, in Schedule 21 or in section 82A(2) to (4) of the Sentencing Act is to be read as a reference to the High Court.
(3) A person in respect of whom a reference has been made under section 273 may with the leave of the Court of Appeal appeal to the Court of Appeal against the decision of the High Court on the reference.
(4) Section 1(1) of the Administration of Justice Act 1960 (c. 65) (appeal to House of Lords from decision of High Court in a criminal cause or matter) and section 18(1)(a) of the Supreme Court Act 1981 (c. 54) (exclusion of appeal from High Court to Court of Appeal in a criminal cause or matter) do not apply in relation to a decision to which subsection (3) applies.
(5) The jurisdiction conferred on the Court of Appeal by subsection (3) is to be exercised by the criminal division of that court.
(6) Section 33(3) of the Criminal Appeal Act 1968 (c. 19) (limitation on appeal from criminal division of Court of Appeal) does not prevent an appeal to the House of Lords under this section.
(7) In relation to appeals to the Court of Appeal or the House of Lords under this section, the Secretary of State may make an order containing provision corresponding to any provision in the Criminal Appeal Act 1968 (subject to any specified modifications).
(1) Section 28 of the Crime (Sentences) Act 1997 (c. 43) (duty to release certain life prisoners) is amended as follows.
(2) For subsection (1A) there is substituted—
“(1A) This section applies to a life prisoner in respect of whom a minimum term order has been made; and any reference in this section to the relevant part of such a prisoner’s sentence is a reference to the part of the sentence specified in the order.”
(3) In subsection (1B)(a)—
(a) for the words from the beginning to “applies” there is substituted “this section does not apply to him”, and
(b) for the words from “such an order” to “appropriate stage” there is substituted “a minimum term order has been made in respect of each of those sentences”.
(4) After subsection (8) there is inserted—
“(8A) In this section “minimum term order” means an order under—
(a) subsection (2) of section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 (determination of minimum term in respect of life sentence that is not fixed by law), or
(b) subsection (2) of section 269 of the Criminal Justice Act 2003 (determination of minimum term in respect of mandatory life sentence).”.
Schedule 22 (which relates to the effect in transitional cases of mandatory life sentences) shall have effect.
In this Chapter—
“court” includes a court-martial;
“guidelines” has the same meaning as in section 172(1);
“life sentence” means—
a sentence of imprisonment for life,
a sentence of detention during Her Majesty’s pleasure, or
a sentence of custody for life passed before the commencement of section 61(1) of the Criminal Justice and Court Services Act 2000 (c. 43) (which abolishes that sentence).
Schedule 23 (deferment of sentence) shall have effect.
Schedule 24 (which enables a requirement as to drug treatment and testing to be included in an action plan order or a supervision order) shall have effect.
(1) The summary offences listed in Schedule 25 are no longer punishable with imprisonment.
(2) Schedule 26 (which contains amendments increasing the maximum term of imprisonment for certain summary offences from 4 months or less to 51 weeks) shall have effect.
(3) This section does not affect the penalty for any offence committed before the commencement of this section.
(1) Subsection (2) applies to any summary offence which—
(a) is an offence under a relevant enactment,
(b) is punishable with a maximum term of imprisonment of five months or less, and
(c) is not listed in Schedule 25 or Schedule 26.
(2) The Secretary of State may by order amend any relevant enactment so as to—
(a) provide that any summary offence to which this subsection applies is no longer punishable with imprisonment, or
(b) increase to 51 weeks the maximum term of imprisonment to which a person is liable on conviction of the offence.
(3) An order under subsection (2) may make such supplementary, incidental or consequential provision as the Secretary of State considers necessary or expedient, including provision amending any relevant enactment.
(4) Subsection (5) applies to any summary offence which—
(a) is an offence under a relevant enactment, and
(b) is punishable with a maximum term of imprisonment of six months.
(5) The maximum term of imprisonment to which a person is liable on conviction of an offence to which this subsection applies is, by virtue of this subsection, 51 weeks (and the relevant enactment in question is to be read as if it had been amended accordingly).
(6) Neither of the following—
(a) an order under subsection (2), or
(b) subsection (5),
affects the penalty for any offence committed before the commencement of that order or subsection (as the case may be).
(7) In this section and section 282 “relevant enactment” means any enactment contained in—
(a) an Act passed before or in the same Session as this Act, or
(b) any subordinate legislation made before the passing of this Act.
(8) In subsection (7) “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).
(1) In section 32 of the Magistrates' Courts Act 1980 (c. 43) (penalties on summary conviction for offences triable either way) in subsection (1) (offences listed in Schedule 1 to that Act) for “not exceeding 6 months” there is substituted “not exceeding 12 months”.
(2) Subsection (3) applies to any offence triable either way which—
(a) is an offence under a relevant enactment,
(b) is punishable with imprisonment on summary conviction, and
(c) is not listed in Schedule 1 to the Magistrates' Courts Act 1980.
(3) The maximum term of imprisonment to which a person is liable on summary conviction of an offence to which this subsection applies is by virtue of this subsection 12 months (and the relevant enactment in question is to be read as if it had been amended accordingly).
(4) Nothing in this section affects the penalty for any offence committed before the commencement of this section.
(1) The Secretary of State may by order, in accordance with subsection (2) or (3), amend any relevant enactment which confers a power (however framed or worded) by subordinate legislation to make a person—
(a) as regards a summary offence, liable on conviction to a term of imprisonment;
(b) as regards an offence triable either way, liable on summary conviction to a term of imprisonment.
(2) An order made by virtue of paragraph (a) of subsection (1) may amend the relevant enactment in question so as to—
(a) restrict the power so that a person may no longer be made liable on conviction of a summary offence to a term of imprisonment, or
(b) increase to 51 weeks the maximum term of imprisonment to which a person may be made liable on conviction of a summary offence under the power.
(3) An order made by virtue of paragraph (b) of that subsection may amend the relevant enactment in question so as to increase the maximum term of imprisonment to which a person may be made liable on summary conviction of an offence under the power to 12 months.
(4) Schedule 27 (which amends the maximum penalties which may be imposed by virtue of certain enabling powers) shall have effect.
(5) The power conferred by subsection (1) shall not apply to the enactments amended under Schedule 27.
(6) An order under subsection (1) may make such supplementary, incidental or consequential provision as the Secretary of State considers necessary or expedient, including provision amending any relevant enactment.
(7) None of the following—
(a) an order under subsection (1), or
(b) Schedule 27,
affects the penalty for any offence committed before the commencement of that order or Schedule (as the case may be).
(8) In subsection (1) “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).
(9) In this section “relevant enactment” means any enactment contained in an Act passed before or in the same Session as this Act.
(1) Schedule 28 (increase in penalties for certain drug-related offences) shall have effect.
(2) That Schedule does not affect the penalty for any offence committed before the commencement of that Schedule.
(1) In section 12A of the Theft Act 1968 (c. 60) (aggravated vehicle-taking), in subsection (4), for “five years” there is substituted “fourteen years”.
(2) Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences) is amended in accordance with subsections (3) and (4).
(3) In the entry relating to section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving), in column 4, for “10 years” there is substituted “14 years”.
(4) In the entry relating to section 3A of that Act (causing death by careless driving when under influence of drink or drugs), in column 4, for “10 years” there is substituted “14 years”.
(5) Part I of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10)) (prosecution and punishment of offences) is amended in accordance with subsections (6) and (7).
(6) In the entry relating to Article 9 of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18)) (causing death or grievous bodily injury by dangerous driving), in column 4, for “10 years” there is substituted “14 years”.
(7) In the entry relating to Article 14 of that Order (causing death or grievous bodily injury by careless driving when under the influence of drink or drugs), in column 4, for “10 years” there is substituted “14 years”.
(8) This section does not affect the penalty for any offence committed before the commencement of this section.
(1) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences), in the entry relating to section 174 of the Road Traffic Act 1988 (c. 52) (false statements and withholding material information), for columns (3) and (4) there is substituted—
| “(a) Summarily | (a) 6 months or the statutory maximum or both |
| (b) On indictment | (b) 2 years or a fine or both.” |
(2) Section 282(3) (increase in maximum term that may be imposed on summary conviction of offence triable either way) has effect in relation to the entry amended by subsection (1) as it has effect in relation to any other enactment contained in an Act passed before this Act.
(3) This section does not apply in relation to any offence committed before the commencement of this section.
After section 51 of the Firearms Act 1968 (c. 27) there is inserted the following section—
(1) This section applies where—
(a) an individual is convicted of—
(i) an offence under section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) of this Act, or
(ii) an offence under section 5(1A)(a) of this Act, and
(b) the offence was committed after the commencement of this section and at a time when he was aged 16 or over.
(2) The court shall impose an appropriate custodial sentence (or order for detention) for a term of at least the required minimum term (with or without a fine) unless the court is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.
(3) 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 this section to have been committed on the last of those days.
(4) In this section “appropriate custodial sentence (or order for detention)” means—
(a) in relation to England and Wales—
(i) in the case of an offender who is aged 18 or over when convicted, a sentence of imprisonment, and
(ii) in the case of an offender who is aged under 18 at that time, a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000;
(b) in relation to Scotland—
(i) in the case of an offender who is aged 21 or over when convicted, a sentence of imprisonment,
(ii) in the case of an offender who is aged under 21 at that time (not being an offender mentioned in sub-paragraph (iii)), a sentence of detention under section 207 of the Criminal Procedure (Scotland) Act 1995, and
(iii) in the case of an offender who is aged under 18 at that time and is subject to a supervision requirement, an order for detention under section 44, or sentence of detention under section 208, of that Act.
(5) In this section “the required minimum term” means—
(a) in relation to England and Wales—
(i) in the case of an offender who was aged 18 or over when he committed the offence, five years, and
(ii) in the case of an offender who was under 18 at that time, three years, and
(b) in relation to Scotland—
(i) in the case of an offender who was aged 21 or over when he committed the offence, five years, and
(ii) in the case of an offender who was aged under 21 at that time, three years.”
In Part 1 of Schedule 6 to the Firearms Act 1968 (c. 27) (prosecution and punishment of offences) for the entries relating to offences under section 5(1) (possessing or distributing prohibited weapons or ammunition) and section 5(1A) (possessing or distributing other prohibited weapons) there is substituted—
| “Section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) | Possessing or distributing prohibited weapons or ammunition. | On indictment | 10 years or a fine, or both. |
| Section 5(1)(b) | Possessing or distributing prohibited weapon designed for discharge of noxious liquid etc. | (a) Summary (b) On indictment |
6 months or a fine of the statutory maximum, or both. 10 years or a fine or both. |
| Section 5(1A)(a) | Possessing or distributing firearm disguised as other object. | On indictment | 10 years or a fine, or both. |
| Section 5(1A)(b), (c), (d), (e), (f) or (g) | Possessing or distributing other prohibited weapons. | (a) Summary (b) On indictment |
6 months or a fine of the statutory maximum, or both. 10 years or a fine, or both.” |
(1) Section 91 of the Sentencing Act (offenders under 18 convicted of certain serious offences: power to detain for specified period) is amended as follows.
(2) After subsection (1) there is inserted—
“(1A) Subsection (3) below also applies where—
(a) a person aged under 18 is convicted on indictment of an offence—
(i) under subsection (1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) of section 5 of the Firearms Act 1968 (prohibited weapons), or
(ii) under subsection (1A)(a) of that section,
(b) the offence was committed after the commencement of section 51A of that Act and at a time when he was aged 16 or over, and
(c) the court is of the opinion mentioned in section 51A(2) of that Act (exceptional circumstances which justify its not imposing required custodial sentence).”
(3) After subsection (4) there is inserted—
“(5) Where subsection (2) of section 51A of the Firearms Act 1968 requires the imposition of a sentence of detention under this section for a term of at least the required minimum term (within the meaning of that section), the court shall sentence the offender to be detained for such period, of at least that term but not exceeding the maximum term of imprisonment with which the offence is punishable in the case of a person aged 18 or over, as may be specified in the sentence.”.
(1) The Criminal Procedure (Scotland) Act 1995 (c. 46) is amended as follows.
(2) In section 49(3) (children’s hearing for purpose of obtaining advice as to treatment of child), at the end there is added “except that where the circumstances are such as are mentioned in paragraphs (a) and (b) of section 51A(1) of the Firearms Act 1968 it shall itself dispose of the case”.
(3) In section 208 (detention of children convicted on indictment), the existing provisions become subsection (1); and after that subsection there is added—
“(2) Subsection (1) does not apply where the circumstances are such as are mentioned in paragraphs (a) and (b) of section 51A(1) of the Firearms Act 1968.”.
(1) The Secretary of State may by order—
(a) amend section 51A(1)(b) of the Firearms Act 1968 (c. 27) by substituting for the word “16” the word “18”,
(b) repeal section 91(1A)(c) and (5) of the Sentencing Act,
(c) amend subsection (3) of section 49 of the Criminal Procedure (Scotland) Act 1995 by repealing the exception to that subsection,
(d) repeal section 208(2) of that Act, and
(e) make such other provision as he considers necessary or expedient in consequence of, or in connection with, the provision made by virtue of paragraphs (a) to (d).
(2) The provision that may be made by virtue of subsection (1)(e) includes, in particular, provision amending or repealing any provision of an Act (whenever passed), including any provision of this Act.
Criminal Justice Act 2003