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(1) After section 142 of the Criminal Justice Act 2003 (c. 44) insert—
(1) This section applies where a court is dealing with an offender aged under 18 in respect of an offence.
(2) The court must have regard to—
(a) the principal aim of the youth justice system (which is to prevent offending (or re-offending) by persons aged under 18: see section 37(1) of the Crime and Disorder Act 1998),
(b) in accordance with section 44 of the Children and Young Persons Act 1933, the welfare of the offender, and
(c) the purposes of sentencing mentioned in subsection (3) (so far as it is not required to do so by paragraph (a)).
(3) Those purposes of sentencing are—
(a) the punishment of offenders,
(b) the reform and rehabilitation of offenders,
(c) the protection of the public, and
(d) the making of reparation by offenders to persons affected by their offences.
(4) This section does not apply—
(a) to an offence the sentence for which is fixed by law,
(b) to an offence the sentence for which falls to be imposed under—
(i) section 51A(2) of the Firearms Act 1968 (minimum sentence for certain firearms offences),
(ii) section 29(6) of the Violent Crime Reduction Act 2006 (minimum sentences in certain cases of using someone to mind a weapon), or
(iii) section 226(2) of this Act (detention for life for certain dangerous offenders), or
(c) in relation to the making under Part 3 of the Mental Health Act 1983 of a hospital order (with or without a restriction order), an interim hospital order, a hospital direction or a limitation direction.”
(2) In section 142 of the Criminal Justice Act 2003 (purposes of sentencing in relation to offenders aged 18 or over at the time of conviction)—
(a) in the heading, at the end insert “: offenders aged 18 or over”, and
(b) in subsection (2)(a) omit “at the time of conviction”.
(3) In section 44 of the Children and Young Persons Act 1933 (c. 12) (general considerations) after subsection (1) insert—
“(1A) Subsection (1) is to be read with paragraphs (a) and (c) of section 142A(2) of the Criminal Justice Act 2003 (which require a court dealing with an offender aged under 18 also to have regard to the principal aim of the youth justice system and the specified purposes of sentencing).
(1B) Accordingly, in determining in the case of an offender whether it should take steps as mentioned in subsection (1), the court shall also have regard to the matters mentioned in those paragraphs.”
(4) In section 42(1) of the Crime and Disorder Act 1998 (c. 37) (interpretation of Part 3 of Act), after the definition of “local authority” insert—
““offending” includes re-offending;”.
In section 148 of the Criminal Justice Act 2003 (c. 44) (restrictions on imposing community sentences), after subsection (4) insert—
“(5) The fact that by virtue of any provision of this section—
(a) a community sentence may be passed in relation to an offence; or
(b) particular restrictions on liberty may be imposed by a community order or youth rehabilitation order,
does not require a court to pass such a sentence or to impose those restrictions.”
(1) After section 150 of the Criminal Justice Act 2003 (community sentence not available where sentence fixed by law etc.) insert—
(1) The power to make a community order is only exercisable in respect of an offence if—
(a) the offence is punishable with imprisonment; or
(b) in any other case, section 151(2) confers power to make such an order.
(2) For the purposes of this section and section 151 an offence triable either way that was tried summarily is to be regarded as punishable with imprisonment only if it is so punishable by the sentencing court (and for this purpose section 148(1) is to be disregarded).”
(2) Section 151 of that Act (community order for persistent offender previously fined) is amended as follows.
(3) Before subsection (1) insert—
“(A1) Subsection (2) provides for the making of a community order by the court in respect of an offence (“the current offence”) committed by a person to whom subsection (1) or (1A) applies.”
(4) In subsection (1)—
(a) for “Subsection (2) applies where” substitute “This subsection applies to the offender if—
(za) the current offence is punishable with imprisonment;”;
(b) for paragraph (a) substitute—
“(a) the offender was aged 16 or over when he was convicted;”;
(c) in paragraph (b) for “he” substitute “the offender”.
(5) After subsection (1) insert—
“(1A) This subsection applies to the offender if—
(a) the current offence is not punishable with imprisonment;
(b) the offender was aged 16 or over when he was convicted; and
(c) on three or more previous occasions the offender has, on conviction by a court in the United Kingdom of any offence committed by him after attaining the age of 16, had passed on him a sentence consisting only of a fine.”
(6) In subsection (3)(a) after “(1)(b)” insert “or (1A)(b) (as the case may be)”.
(7) In subsections (4), (5) and (6), for “subsection (1)(b)” insert “subsections (1)(b) and (1A)(b)”.
(8) In section 166 of that Act (savings for powers to mitigate etc.), in subsection (1)(a), after “148” insert “or 151(2)”.
In section 158 of the Criminal Justice Act 2003 (c. 44) (meaning of “pre-sentence report”), after subsection (1) insert—
“(1A) Subject to any rules made under subsection (1)(b) and to subsection (1B), the court may accept a pre-sentence report given orally in open court.
(1B) But a pre-sentence report that—
(a) relates to an offender aged under 18, and
(b) is required to be obtained and considered before the court forms an opinion mentioned in section 156(3)(a),
must be in writing.”
(1) In section 225 of the Criminal Justice Act 2003 (life sentence or imprisonment for public protection), for subsection (3) substitute—
“(3) In a case not falling within subsection (2), the court may impose a sentence of imprisonment for public protection if the condition in subsection (3A) or the condition in subsection (3B) is met.
(3A) The condition in this subsection is that, at the time the offence was committed, the offender had been convicted of an offence specified in Schedule 15A.
(3B) The condition in this subsection is that the notional minimum term is at least two years.
(3C) The notional minimum term is the part of the sentence that the court would specify under section 82A(2) of the Sentencing Act (determination of tariff) if it imposed a sentence of imprisonment for public protection but was required to disregard the matter mentioned in section 82A(3)(b) of that Act (crediting periods of remand).”
(2) After Schedule 15 to that Act, insert the Schedule set out in Schedule 5 to this Act.
In section 226 of the Criminal Justice Act 2003 (c. 44) (detention for life or detention for public protection), for subsection (3) substitute—
“(3) In a case not falling within subsection (2), the court may impose a sentence of detention for public protection if the notional minimum term is at least two years.
(3A) The notional minimum term is the part of the sentence that the court would specify under section 82A(2) of the Sentencing Act (determination of tariff) if it imposed a sentence of detention for public protection but was required to disregard the matter mentioned in section 82A(3)(b) of that Act (crediting periods of remand).”
(1) Section 227 of the Criminal Justice Act 2003 (extended sentence for certain violent or sexual offences: persons 18 or over) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (a) the words “, other than a serious offence,” are omitted, and
(b) after paragraph (b) insert “, but
(c) the court is not required by section 225(2) to impose a sentence of imprisonment for life.”
(3) In subsection (2) —
(a) for “The court must” substitute “The court may”, and
(b) for the words from “that is to say” to the end substitute “if the condition in subsection (2A) or the condition in subsection (2B) is met.”
(4) After subsection (2) insert—
“(2A) The condition in this subsection is that, at the time the offence was committed, the offender had been convicted of an offence specified in Schedule 15A.
(2B) The condition in this subsection is that, if the court were to impose an extended sentence of imprisonment, the term that it would specify as the appropriate custodial term would be at least 4 years.
(2C) An extended sentence of imprisonment is 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.”
(5) In subsection (3) for “subsection (2)” substitute “subsections (2B) and (2C)”.
(6) After subsection (5) insert—
“(6) The Secretary of State may by order amend subsection (2B) so as to substitute a different period for the period for the time being specified in that subsection.”
(1) Section 228 of the Criminal Justice Act 2003 (c. 44) (extended sentence for certain violent or sexual offences: persons under 18) is amended as follows.
(2) In subsection (1)(b)(ii) the words from “or by section 226(3)” to the end are omitted.
(3) In subsection (2) —
(a) for “The court must” substitute “The court may”, and
(b) for the words from “, that is to say” to the end substitute “if the condition in subsection (2A) is met.”
(4) After subsection (2) insert—
“(2A) The condition in this subsection is that, if the court were to impose an extended sentence of detention, the term that it would specify as the appropriate custodial term would be at least 4 years.
(2B) An extended sentence of detention is 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.”
(5) In subsection (3)—
(a) for “subsection (2)” substitute “subsections (2A) and (2B)”, and
(b) paragraph (a) is omitted.
(6) After subsection (6) insert—
“(7) The Secretary of State may by order amend subsection (2A) so as to substitute a different period for the period for the time being specified in that subsection.”
(1) Section 229 of the Criminal Justice Act 2003 (the assessment of dangerousness) is amended as follows.
(2) In subsection (2)—
(a) the words from the beginning to “18” are omitted,
(b) after paragraph (a) insert—
“(aa) may take into account all such information as is available to it about the nature and circumstances of any other offences of which the offender has been convicted by a court anywhere in the world,”, and
(c) in paragraph (b) for “the offence” substitute “any of the offences mentioned in paragraph (a) or (aa)”.
(3) After subsection (2) insert—
“(2A) The reference in subsection (2)(aa) to a conviction by a court includes a reference to—
(a) a finding of guilt in service disciplinary proceedings, and
(b) a conviction of a service offence within the meaning of the Armed Forces Act 2006 (“conviction” here including anything that under section 376(1) and (2) of that Act is to be treated as a conviction).”
(4) Subsections (3) and (4) are omitted.
(5) Schedules 16 and 17 to that Act are omitted.
(1) In section 231 of the Criminal Justice Act 2003 (c. 44) (appeals where previous convictions set aside), for subsection (1) substitute—
“(1) This section applies where—
(a) a sentence has been imposed on any person under section 225(3) or 227(2),
(b) the condition in section 225(3A) or (as the case may be) 227(2A) was met but the condition in section 225(3B) or (as the case may be) 227(2B) was not, and
(c) any previous conviction of his without which the condition in section 225(3A) or (as the case may be) 227(2A) would not have been met has been subsequently set aside on appeal.”
(2) In section 232 of that Act (certificates for purposes of section 229)—
(a) in the heading for “section 229” substitute “sections 225 and 227”,
(b) in paragraph (a)—
(i) for “the commencement of this section” substitute “the commencement of Schedule 15A”, and
(ii) for “a relevant offence” substitute “an offence specified in that Schedule”, and
(c) for “section 229” substitute “sections 225(3A) and 227(2A)”.
(3) Section 234 of that Act (determination of day when offence committed) is omitted.
(1) Section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (determination of tariffs in cases where the sentence is not fixed by law) is amended as follows.
(2) In subsection (3) (determination of the appropriate part of the sentence) at the end insert—
“In Case A or Case B below, this subsection has effect subject to, and in accordance with, subsection (3C) below.”
(3) After subsection (3) insert—
“(3A) Case A is where the offender was aged 18 or over when he committed the offence and the court is of the opinion that the seriousness of the offence, or of the combination of the offence and one or more other offences associated with it,—
(a) is exceptional (but not such that the court proposes to make an order under subsection (4) below), and
(b) would not be adequately reflected by the period which the court would otherwise specify under subsection (2) above.
(3B) Case B is where the court is of the opinion that the period which it would otherwise specify under subsection (2) above would have little or no effect on time spent in custody, taking into account all the circumstances of the particular offender.
(3C) In Case A or Case B above, in deciding the effect which the comparison required by subsection (3)(c) above is to have on reducing the period which the court determines for the purposes of subsection (3)(a) (and before giving effect to subsection (3)(b) above), the court may, instead of reducing that period by one-half,—
(a) in Case A above, reduce it by such lesser amount (including nil) as the court may consider appropriate according to the seriousness of the offence, or
(b) in Case B above, reduce it by such lesser amount (but not by less than one-third) as the court may consider appropriate in the circumstances.”
(4) In subsection (4A) (no order to be made under subsection (4) in the case of certain sentences) after “No order under subsection (4) above may be made” insert “, and Case A above does not apply,”.
(1) Part 12 of the Criminal Justice Act 2003 (c. 44) (sentencing) is amended as follows.
(2) In section 181 (consecutive terms of imprisonment complying with section 181) after subsection (7) insert—
“(7A) For the purposes of subsection (7)(a) the aggregate length of the terms of imprisonment is not to be regarded as being more than 65 weeks if the aggregate of all the custodial periods and the longest of the licence periods in relation to those terms is not more than 65 weeks.”
(3) In section 264A (consecutive terms: intermittent custody)—
(a) in subsection (3), omit the words from “and none” to the end;
(b) in subsection (4)(b), for “the longest of the total” substitute “all the”; and
(c) in subsection (5), for the definition of “total licence period” substitute—
““licence period” has the same meaning as in section 183(3);”.
(4) In section 265 (restriction on consecutive sentences for released prisoners)—
(a) in subsection (1), for “early under this Chapter” substitute “—
(a) under this Chapter; or
(b) under Part 2 of the Criminal Justice Act 1991.”; and
(b) after that subsection insert—
“(1A) Subsection (1) applies to a court sentencing a person to—
(a) a term of imprisonment for an offence committed before 4 April 2005, or
(b) a term of imprisonment of less than 12 months for an offence committed on or after that date,
as it applies to the imposition of any other term of imprisonment.
(1B) Where an intermittent custody order applies to the other sentence, the reference in subsection (1) to release under this Chapter does not include release by virtue of section 183(1)(b)(i) (periods of temporary release on licence before the custodial days specified under section 183(1)(a) have been served).”
(5) Any saving by virtue of which section 84 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (restrictions on consecutive sentences for released prisoners) continues to apply in certain cases (despite the repeal of that section by the Criminal Justice Act 2003) shall cease to have effect.
(1) The Criminal Justice Act 2003 (c. 44) is amended as follows.
(2) In section 237 (meaning of “fixed term prisoner”), in subsection (1B), after “Armed Forces Act 2006)” insert “or section 240A”.
(3) In the italic heading before section 240, after “custody” insert “or on bail subject to certain types of condition”.
(4) After section 240 insert—
(1) This section applies where—
(a) a court sentences an offender to imprisonment for a term in respect of an offence committed on or after 4th April 2005,
(b) the offender was remanded on bail by a court in course of or in connection with proceedings for the offence, or any related offence, after the coming into force of section 21 of the Criminal Justice and Immigration Act 2008, and
(c) the offender’s bail was subject to a qualifying curfew condition and an electronic monitoring condition (“the relevant conditions”).
(2) Subject to subsection (4), the court must direct that the credit period is to count as time served by the offender as part of the sentence.
(3) The “credit period” is the number of 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.
(4) Subsection (2) does not apply if and to the extent that—
(a) rules made by the Secretary of State so provide, 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 as a result of paragraph (a) or (b) of subsection (4) the court does not give a direction under subsection (2), it may give a direction in accordance with either of those paragraphs to the effect that a period of days which is less than the credit period is to count as time served by the offender as part of the sentence.
(6) Rules made under subsection (4)(a) may, in particular, make provision in relation to—
(a) sentences of imprisonment for consecutive terms;
(b) sentences of imprisonment for terms which are wholly or partly concurrent;
(c) periods during which a person granted bail subject to the relevant conditions is also subject to electronic monitoring required by an order made by a court or the Secretary of State.
(7) In considering whether it is of the opinion mentioned in subsection (4)(b) the court must, in particular, take into account whether or not the offender has, at any time whilst on bail subject to the relevant conditions, broken either or both of them.
(8) Where the court gives a direction under subsection (2) or (5) it shall state in open court—
(a) the number of days on which the offender was subject to the relevant conditions, and
(b) the number of days in relation to which the direction is given.
(9) Subsection (10) applies where the court—
(a) does not give a direction under subsection (2) but gives a direction under subsection (5), or
(b) decides not to give a direction under this section.
(10) The court 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.
(11) Subsections (7) to (10) of section 240 apply for the purposes of this section as they apply for the purposes of that section but as if—
(a) in subsection (7)—
(i) the reference to a suspended sentence is to be read as including a reference to a sentence to which an order under section 118(1) of the Sentencing Act relates;
(ii) in paragraph (a) after “Schedule 12” there were inserted “or section 119(1)(a) or (b) of the Sentencing Act”; and
(b) in subsection (8) the reference to subsection (3) of section 240 is to be read as a reference to subsection (2) of this section and, in paragraph (b), after “Chapter” there were inserted “or Part 2 of the Criminal Justice Act 1991”.
(12) In this section—
“electronic monitoring condition” means any electronic monitoring requirements imposed under section 3(6ZAA) of the Bail Act 1976 for the purpose of securing the electronic monitoring of a person’s compliance with a qualifying curfew condition;
“qualifying curfew condition” means a condition of bail which requires the person granted bail to remain at one or more specified places for a total of not less than 9 hours in any given day; and
“related offence” means an offence, other than the offence for which the sentence is imposed (“offence A”), with which the offender was charged and the charge for which was founded on the same facts or evidence as offence A.”
(5) In section 241 (effect of direction under section 240 of that Act) after the words “section 240”, in each place where they occur (including in the title), insert “or 240A”.
(6) In section 242 (interpretation of sections 240 and 241), in the title and in subsection (1), after “sections 240” insert “, 240A”.
(7) In section 330 (Parliamentary procedure for subordinate legislation made under that Act), in subsection (5)(d), after “section 240(4)(a)” insert “or 240A(4)(a)”.
(1) The Criminal Justice Act 2003 (c. 44) is amended in accordance with subsections (2) and (3).
(2) In section 246(4) (exceptions to power to release prisoner on licence before required to do so), in paragraph (i), after “section 240” insert “or 240A”.
(3) In section 269(3) (part of mandatory life prisoner’s sentence to be specified for purposes of early release provisions), in paragraph (b), before “if” insert “or under section 240A (crediting periods of remand on bail spent subject to certain types of condition)”.
(4) In paragraph 2 of Schedule 2 to the Criminal Appeal Act 1968 (c. 19) (sentence on conviction at retrial), in sub-paragraph (4), for the words from the beginning to “custody:” substitute “Sections 240 and 240A of the Criminal Justice Act 2003 (crediting of periods of remand in custody or on bail subject to certain types of condition:”.
(5) In section 82A(3) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (part of discretionary life prisoner’s sentence to be specified for purposes of early release provisions), in paragraph (b), before “if” insert “or under section 240A of that Act of 2003 (crediting periods of remand on bail subject to certain types of condition)”.
(6) In section 101 of that Act (detention and training orders: taking account of remand etc.)—
(a) in subsection (8) for “in custody” substitute “—
(a) in custody, or
(b) on bail subject to a qualifying curfew condition and an electronic monitoring condition (within the meaning of section 240A of the Criminal Justice Act 2003),”; and
(b) in subsection (9) for “in custody” substitute “as mentioned in that subsection”.
(7) In paragraph 2(1) of Schedule 7 to the International Criminal Court Act 2001 (c. 17) (provisions of law of England and Wales affecting length of sentence which are not applicable to ICC prisoners), for paragraph (d) substitute—
“(d) sections 240 and 240A of the Criminal Justice Act 2003 (crediting of periods spent on remand in custody or on bail subject to certain types of condition: terms of imprisonment and detention).”
Criminal Justice and Immigration Act 2008