Office of Public Sector Information
Section 31
1 The Criminal Justice Act 2003 (c. 44) is amended as follows.
2 In section 244 (duty to release prisoners), in subsection (3)—
(a) in paragraph (c), for the words from “which is not” to “section 183(3)” substitute “which for the purposes of section 183 (as read with section 263(2) or 264A(2) in the case of concurrent or consecutive sentences) is not a licence period”;
(b) in paragraph (d), after “consecutive sentences” insert “none of which falls within paragraph (c)”.
3 In section 246 (power to release prisoners on licence before required to do so), in the definition of “the required custodial days” in subsection (6)—
(a) in paragraph (b), after “custody” insert “which are consecutive”;
(b) at the end of that paragraph insert “, or
(c) in the case of two or more sentences of intermittent custody which are wholly or partly concurrent, the aggregate of the numbers so specified less the number of days that are to be served concurrently;”.
4 In section 249 (duration of licence), at the end of subsection (3) insert “and subsection (2) has effect subject to section 264A(3) (consecutive terms: intermittent custody)”.
5 In section 250 (licence conditions), in subsection (7), for “and section 264(3) and (4) (consecutive terms)” substitute “, section 264(3) and (4) (consecutive terms) and section 264A(3) (consecutive terms: intermittent custody)”.
6 In section 264 (consecutive terms), in subsection (1), after paragraph (b) insert “, and
(c) none of those terms is a term to which an intermittent custody order relates.”
7 After that section insert—
(1) This section applies where—
(a) a person (“the offender”) has been sentenced to two or more terms of imprisonment which are to be served consecutively on each other,
(b) the sentences were passed on the same occasion or, 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, and
(c) each of the terms is a term to which an intermittent custody order relates.
(2) The offender is not to be treated as having served all the required custodial days in relation to any of the terms of imprisonment until he has served the aggregate of all the required custodial days in relation to each of them.
(3) After the number of days served by the offender in prison is equal to the aggregate of the required custodial days in relation to each of the terms of imprisonment, the offender is to be on licence until the relevant time and subject to such conditions as are required by this Chapter in respect of any of the terms of imprisonment, and none of the terms is to be regarded for any purpose as continuing after the relevant time.
(4) In subsection (3) “the relevant time” means the time when the offender would, but for his release, have served a term equal in length to the aggregate of—
(a) all the required custodial days in relation to the terms of imprisonment, and
(b) the longest of the total licence periods in relation to those terms.
(5) In this section—
“total licence period”, in relation to a term of imprisonment to which an intermittent custody order relates, means a period equal in length to the aggregate of all the licence periods as defined by section 183 in relation to that term;
“the required custodial days”, in relation to such a term, means the number of days specified under that section.”
Section 47
1 The Parliamentary Commissioner Act 1967 (c. 13) is amended as follows.
2 (1) Section 5 (matters subject to investigation) is amended as follows.
(2) After subsection (1) insert—
“(1A) Subsection (1C) of this section applies if—
(a) a written complaint is duly made to a member of the House of Commons by a member of the public who claims that a person has failed to perform a relevant duty owed by him to the member of the public, and
(b) the complaint is referred to the Commissioner, with the consent of the person who made it, by a member of the House of Commons with a request to conduct an investigation into it.
(1B) For the purposes of subsection (1A) of this section a relevant duty is a duty imposed by any of these—
(a) a code of practice issued under section 32 of the Domestic Violence, Crime and Victims Act 2004 (code of practice for victims), or
(b) sections 35 to 44 of that Act (duties of local probation boards in connection with victims of sexual or violent offences).
(1C) If this subsection applies, the Commissioner may investigate the complaint.”
(3) In subsection (3) for “investigation under this Act” substitute “investigation under subsection (1) of this section”.
(4) After subsection (4) insert—
“(4A) Without prejudice to subsection (2) of this section, the Commissioner shall not conduct an investigation pursuant to a complaint under subsection (1A) of this section in respect of—
(a) action taken by or with the authority of the Secretary of State for the purposes of protecting the security of the State, including action so taken with respect to passports, or
(b) any action or matter described in any of paragraphs 1 to 4 and 6A to 11 of Schedule 3 to this Act.
(4B) Her Majesty may by Order in Council amend subsection (4A) of this section so as to exclude from paragraph (a) or (b) of that subsection such actions or matters as may be described in the Order.
(4C) Any statutory instrument made by virtue of subsection (4B) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
3 (1) Section 7 (procedure in respect of investigations) is amended as follows.
(2) In subsection (1) after “complaint under” insert “section 5(1) of”.
(3) After subsection (1) insert—
“(1A) Where the Commissioner proposes to conduct an investigation pursuant to a complaint under section 5(1A) of this Act, he shall give the person to whom the complaint relates an opportunity to comment on any allegations contained in the complaint.”
(4) In subsection (2) for “such investigation” substitute “investigation under this Act”.
(5) In subsection (4)—
(a) after “authority concerned” insert “or the person to whom the complaint relates”;
(b) for “that department or authority” substitute “that department, authority or person”.
4 (1) Section 8 (evidence) is amended as follows.
(2) In subsection (1) after “investigation under” insert “section 5(1) of”.
(3) After subsection (1) insert—
“(1A) For the purposes of an investigation pursuant to a complaint under section 5(1A) of this Act the Commissioner may require any person who in his opinion is able to furnish information or produce documents relevant to the investigation to furnish any such information or produce any such document.”
(4) In subsection (2) for “such investigation” substitute “investigation under this Act”.
5 (1) Section 10 (reports by Commissioner) is amended as follows.
(2) In subsection (2), after “investigation under” insert “section 5(1) of”.
(3) After subsection (2) insert—
“(2A) In any case where the Commissioner conducts an investigation pursuant to a complaint under section 5(1A) of this Act, he shall also send a report of the results of the investigation to the person to whom the complaint relates.”
(4) In subsection (3) after “investigation under” insert “section 5(1) of”.
(5) After subsection (3) insert—
“(3A) If, after conducting an investigation pursuant to a complaint under section 5(1A) of this Act, it appears to the Commissioner that—
(a) the person to whom the complaint relates has failed to perform a relevant duty owed by him to the person aggrieved, and
(b) the failure has not been, or will not be, remedied,
the Commissioner may, if he thinks fit, lay before each House of Parliament a special report upon the case.
(3B) For the purposes of subsection (3A) of this section “relevant duty” has the meaning given by section 5(1B) of this Act.”
(6) In subsection (5)(d) after “subsection (2)” insert “or (2A)”.
6 In section 12(1) (interpretation) for the definition of “person aggrieved” substitute—
““person aggrieved”—
(a) in relation to a complaint under section 5(1) of this Act, means the person who claims or is alleged to have sustained such injustice as is mentioned in section 5(1)(a) of this Act;
(b) in relation to a complaint under section 5(1A) of this Act, means the person to whom the duty referred to in section 5(1A)(a) of this Act is or is alleged to be owed;”.
Domestic Violence, Crime and Victims Act 2004